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Bill > SB221


CO SB221

CO SB221
Gay Panic Or Transgender Panic Defense


summary

Introduced
06/08/2020
In Committee
06/11/2020
Crossed Over
06/19/2020
Passed
06/19/2020
Dead
Signed/Enacted/Adopted
07/13/2020

Introduced Session

2020 Regular Session

Bill Summary

The bill states that generally evidence relating to the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant or if the defendant and victim are or have been involved in an intimate relationship, is irrelevant in a criminal case and does not constitute sudden heat of passion in a criminal case. The bill creates a protective hearing if a party claims that such evidence is relevant and wants to use it in a criminal case.

AI Summary

This bill prohibits the use of the "gay panic" or "transgender panic" defense in criminal cases in Colorado. Specifically, it states that evidence of a victim's actual or perceived gender, gender identity, gender expression, or sexual orientation cannot be used to justify the defendant's use of physical force or to claim sudden heat of passion. The bill also establishes a protective hearing process for the admissibility of such evidence in cases where a party claims it is relevant. The bill aims to prevent appeals to bias, fear, or disgust from undermining criminal prosecutions and resulting in unjustifiable acquittals or sentencing reductions.

Committee Categories

Health and Social Services, Military Affairs and Security

Sponsors (4)

Last Action

Governor Signed (on 07/13/2020)

bill text


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