Bill Text: NJ S2609 | 2018-2019 | Regular Session | Amended


Bill Title: Prevents criminal defendent from asserting "gay and transgender panic" defense to murder charge in order to reduce charge to manslaughter committed in heat of passion.*

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2019-12-16 - Substituted by A1796 (1R) [S2609 Detail]

Download: New_Jersey-2018-S2609-Amended.html

[First Reprint]

SENATE, No. 2609

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MAY 31, 2018

 


 

Sponsored by:

Senator  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Senator  VIN GOPAL

District 11 (Monmouth)

 

Co-Sponsored by:

Senators Singleton, Weinberg and Gill

 

 

 

 

SYNOPSIS

     Prevents criminal defendant from asserting "gay and transgender panic" defense to murder charge in order to reduce charge to manslaughter committed in heat of passion.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Judiciary Committee on December 12, 2019, with amendments.

  


An Act concerning homicide committed in the heat of passion and amending N.J.S.2C:11-4.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1.   N.J.S.2C:11-4 is amended to read as follows:

      2C:11-4.    Manslaughter. a. Criminal homicide constitutes aggravated manslaughter when:

     (1)   The actor recklessly causes death under circumstances manifesting extreme indifference to human life; or

     (2)   The actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2.  Notwithstanding the provision of any other law to the contrary, the actor shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 which resulted in the death of another person.  As used in this paragraph, "actor" shall not include a passenger in a motor vehicle.

      b.   Criminal homicide constitutes manslaughter when:

     (1)   It is committed recklessly; or

     (2)   A homicide which would otherwise be murder under [section] N.J.S.2C:11-3 is committed in the heat of passion resulting from a reasonable provocation.

     1[For purposes of determining the heat of passion under this paragraph, a provocation is not objectively reasonable if it is based on the] The1 discovery of, knowledge about, or potential disclosure of the homicide victim's actual or perceived gender identity or expression, or affectional or sexual orientation, 1[including] which occurred1 under 1any1 circumstances 1, including but not limited to circumstances1 in which the victim made an unwanted, non-forcible romantic or sexual advance toward the actor, or if the victim and actor dated or had a romantic or sexual relationship 1, shall not be reasonable provocation pursuant to this paragraph1 .  As used herein, the 1[term] terms1 "gender identity or expression" 1and "affectional or sexual orientation"1 shall have the same meaning as in 1[subsection rr. of]1 section 5 of P.L.1945, c.169 (C.10:5-5) 1[, and "affectional or sexual orientation" shall have the same meaning as in subsection hh. of that section]1.

      c.    Aggravated manslaughter under paragraph (1) of subsection a. of this section is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years. Aggravated manslaughter under paragraph (2) of subsection a. of this section is a crime of the first degree.  Manslaughter is a crime of the second degree.

(cf: P.L.2001, c.412, s.1)

 

     2.    This act shall take effect immediately.

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