SB 1761 - Prohibits "Gay Panic" Defense - Illinois Key Vote

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Title: Prohibits "Gay Panic" Defense

Vote Smart's Synopsis:

A vote to pass a bill that prohibits a victim's sexual orientation from being used in the defense of an individual accused of murder.

Highlights:

 

  • Prohibits the discovery, disclosure, or knowledge of a victim’s sexual orientation from being used in the defense for an individual accused of murder (Sec. 5).

  • Specifies a list of aggravating or mitigating factors of which a jury will be instructed to consider that are relevant to each murder trial, including, but not limited to (Sec. 5):

    • The defendant had no significant criminal history prior to arrest;

    • The victim was a participant or consented to the defendant’s homicidal act;

    • The defendant acted under the compulsion of imminent threat of bodily harm or danger; and

    • The defendant suffers from a reduced mental capacity or has a history of extreme emotional or physical abuse.

  • Specifies that an individual convicted of first degree murder may be sentenced to death under the following circumstances, including, but not limited to (Sec. 5):

    • If the victim was a peace officer or firefighter killed while performing their official duties; or

    • If the victim was an employee of an institution or facility of the Department of Corrections or any similar local correctional agency.

See How Your Politicians Voted

Title: Prohibits "Gay Panic" Defense

Vote Smart's Synopsis:

A vote to pass a bill that prohibits a victim's sexual orientation from being used in the defense of an individual accused of murder.

Highlights:

 

  • Prohibits the discovery, disclosure, or knowledge of a victim’s sexual orientation from being used in the defense for an individual accused of murder (Sec. 5).

  • Specifies a list of aggravating or mitigating factors of which a jury will be instructed to consider that are relevant to each murder trial, including, but not limited to (Sec. 5):

    • The defendant had no significant criminal history prior to arrest;

    • The victim was a participant or consented to the defendant’s homicidal act;

    • The defendant acted under the compulsion of imminent threat of bodily harm or danger; and

    • The defendant suffers from a reduced mental capacity or has a history of extreme emotional or physical abuse.

  • Specifies that an individual convicted of first degree murder may be sentenced to death under the following circumstances, including, but not limited to (Sec. 5):

    • If the victim was a peace officer or firefighter killed while performing their official duties; or

    • If the victim was an employee of an institution or facility of the Department of Corrections or any similar local correctional agency.

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