Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the "gay panic" murder defense when the victim is of LGBTQ identity.

Highlights:

• Specifies that evidence of knowledge or awareness of the victim’s actual or perceived gender identity, gender expression, or sexual orientation does not constitute an inability to distinguish right from wrong or cause the defendant to be temporarily insane (Sec. 2).

• Specifies that the use of physical force is not justified if it is based on the victim’s actual or perceived gender identity, gender expression, or sexual orientation including but not limited to circumstances in which the victim made an unwanted non-forcible romantic or sexual advance toward the defendant (Sec. 3).

• Requires any party offering evidence of a victim’s actual or perceived gender identity, gender expression, or sexual orientation at trial to make a written motion at least 35 days prior to trial to the court and opposing parties stating proof of the specific factual relevance of the evidence (Sec. 4).

• Requires the court to instruct the jury to not allow bias based upon gender identity, gender expression, or sexual orientation if such evidence is admitted at trial (Sec. 4).

• Specifies that a defendant’s act does not constitute “an act performed upon a sudden heat of passion” if it results solely from the victim’s actual or perceived gender identity, gender expression, or sexual orientation (Secs. 6-9).

Full Bill Text