April 25, 2011(Key vote)
Title: Criminal and Civil Liability for Gender Identity Crimes
Vote Smart's Synopsis:
Vote to pass a bill that amends penalties for crimes based on gender identity or expression.
Defines "gender identity or expression," as a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth (Sec. 1).
Specifies that the perpetrator may be punished by imprisonment in the state prison for a minimum term of not less than 1 to up to 20 years for a crime committed because of the victim's gender identity or expression (Sec. 3).
Establishes that in determining the length of any additional penalty imposed for a crime relating to gender identity or expression, the court must consider the following information (Sec. 3):
The facts and circumstances of the crime;
The criminal history of the person;
The impact of the crime on any victim;
Any mitigating factors presented by the person; and
Any other relevant information.
Establishes that a person who has suffered injury by a perpetrator who was motivated by the injured person's gender identity or expression may bring an action for the recovery of his or her damages and any punitive damages (Sec. 6).