Bill Text: MI HB5590 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Criminal procedure: defenses; sexual orientation or gender identity of a victim as a defense to a crime; prohibit. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21d to ch. VIII.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2021-12-02 - Bill Electronically Reproduced 12/01/2021 [HB5590 Detail]

Download: Michigan-2021-HB5590-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 5590

December 01, 2021, Introduced by Reps. Pohutsky, Sneller, Ellison, Manoogian, Haadsma, Sowerby, Brixie, Neeley, Cherry, Rogers, Weiss, Cavanagh, Morse, Rabhi, Young, Breen and Kuppa and referred to the Committee on Judiciary.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 21d to chapter VIII.

the people of the state of michigan enact:

CHAPTER VIII

Sec. 21d. (1) For purposes of determining if a crime was committed because of a sudden quarrel or in a heat of passion, the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant, or if the person and victim had a dating relationship or sexual relationship, is not objectively reasonable provocation.

(2) A person does not suffer from reduced mental capacity and shall not assert a defense under section 20a of this chapter based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant, or if the person and victim had a dating relationship or sexual relationship.

(3) Notwithstanding the provisions of any other law of this state, a person is not justified in using force against another person based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant, or if the person and victim had a dating relationship or sexual relationship.

(4) As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

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