Gay and Trans Panic Defense Prohibition Act of 2021
This bill generally prohibits a federal criminal defendant from asserting, as a defense, that the nonviolent sexual advance of an individual or a perception or belief of the gender, gender identify or expression, or sexual orientation of an individual excuses or justifies conduct or mitigates the severity of an offense.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2629 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2629
To amend title 18, United States Code, to prohibit gay and trans panic
defenses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 16, 2021
Mr. Pappas (for himself, Ms. Castor of Florida, Mr. Pallone, Ms.
Schakowsky, Mr. Kilmer, Ms. Lee of California, Mr. Lowenthal, Ms.
Sanchez, Mr. Blumenauer, Ms. Eshoo, Ms. Kuster, Ms. Norton, Mr. Crist,
Mr. Carson, Mr. DeSaulnier, Mr. Torres of New York, Ms. Strickland,
Mrs. Hayes, Ms. Scanlon, Ms. Bass, Mr. Quigley, and Mr. Costa)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit gay and trans panic
defenses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gay and Trans Panic Defense
Prohibition Act of 2021''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the American Bar Association has urged the Federal
Government to take legislative action to curtail the
availability and effectiveness of the ``gay panic'' and ``trans
panic'' defenses, which seek to partially or completely excuse
crimes such as murder and assault on the grounds that the
sexual orientation or gender identity of the victim is
provocation enough for the violent reaction of the defendant;
(2) gay and trans panic legal defenses, which continue to
be raised in criminal proceedings in Federal courts across the
United States, are surprisingly long-lived historical
artifacts, remnants of a time when widespread public antipathy
was the norm for lesbian, gay, bisexual, transgender, and queer
(referred to in this Act as ``LGBTQ'') individuals;
(3) gay and trans panic defenses characterize sexual
orientation and gender identity as objectively reasonable
excuses for loss of self-control, and thereby illegitimately
mitigate the responsibility of a perpetrator for harm done to
LGBTQ individuals;
(4) gay and trans panic defenses appeal to irrational fears
and hatred of LGBTQ individuals, thereby undermining the
legitimacy of Federal criminal prosecutions and resulting in
unjustifiable acquittals or sentencing reductions;
(5) the use of gay and trans panic defenses is entirely
incompatible with the express intent of Federal law to provide
increased protection to victims of bias-motivated crimes,
including crimes committed against LGBTQ individuals;
(6) continued use of these anachronistic defenses
reinforces and institutionalizes prejudice at the expense of
norms of self-control, tolerance, and compassion, which the law
should encourage, and marks an egregious lapse in the march of
the United States toward a more just criminal justice system;
and
(7) to end the antiquated notion that LGBTQ lives are worth
less than others and to reflect modern understanding of LGBTQ
individuals as equal citizens under law, gay and trans panic
defenses must end.
SEC. 3. PROHIBITION ON GAY AND TRANS PANIC DEFENSES.
(a) In General.--Chapter 1 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 28. Prohibition on gay and trans panic defenses
``(a) Prohibition.--No nonviolent sexual advance or perception or
belief, even if inaccurate, of the gender, gender identity or
expression, or sexual orientation of an individual may be used to
excuse or justify the conduct of an individual or mitigate the severity
of an offense.
``(b) Past Trauma.--Notwithstanding the prohibition in subsection
(a), a court may admit evidence, in accordance with the Federal Rules
of Evidence, of prior trauma to the defendant for the purpose of
excusing or justifying the conduct of the defendant or mitigating the
severity of an offense.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 18, United States Code, is amended by adding at the
end the following:
``28. Prohibition on gay and trans panic defenses.''.
(c) Report.--The Attorney General shall submit to Congress an
annual report that details prosecutions in Federal court involving
capital and noncapital crimes committed against LGBTQ individuals that
were motivated by the victim's gender, gender identity or expression,
or sexual orientation.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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