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NM SB213

NM SB213
Prohibit Gay Or Trans Panic Defense


summary

Introduced
01/31/2021
In Committee
03/16/2021
Crossed Over
03/14/2021
Passed
Dead
03/20/2021

Introduced Session

2021 Regular Session

Bill Summary

AN ACT RELATING TO CRIME; PROHIBITING A DEFENSE BASED ON A DEFENDANT'S DISCOVERY OF, KNOWLEDGE ABOUT OR THE POTENTIAL DISCLOSURE OF A VICTIM'S OR WITNESS'S GENDER, GENDER IDENTITY, GENDER EXPRESSION OR SEXUAL ORIENTATION; PROHIBITING A DEFENSE BASED ON THE EFFECT ON A DEFENDANT OF BEING ROMANTICALLY PROPOSITIONED IN A NONVIOLENT OR NON-THREATENING MANNER BY A PERSON OF THE SAME GENDER OR A PERSON WHO IS TRANSGENDER.

AI Summary

This bill prohibits the use of the "gay or trans panic defense" in criminal proceedings in New Mexico. The "gay or trans panic defense" refers to a legal strategy where a defendant claims they were provoked to violence by the discovery of, knowledge about, or potential disclosure of the victim's gender, gender identity, gender expression, or sexual orientation. The bill also prohibits the use of the "gay or trans panic defense" in cases where the defendant was romantically propositioned in a non-violent or non-threatening manner by a person of the same gender or a transgender person. The bill defines key terms such as "gender expression," "gender identity," and "sexual orientation" to provide clarity on the scope of the law.

Committee Categories

Business and Industry, Health and Social Services, Justice

Sponsors (6)

Last Action

HCPAC: Reported by committee with Do Pass recommendation with amendment(s) (on 03/16/2021)

bill text


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