Title: Gay and Trans Panic Defense Prohibition Act of 2019
Policy area: Crime and Law Enforcement

Summary:
Gay and Trans Panic Defense Prohibition Act of 2019
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 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3133 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3133

To amend title 18, United States Code, to prohibit gay and trans panic 
                               defenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2019

 Mr. Kennedy (for himself, Mr. Lowenthal, Ms. Jackson Lee, Mr. Higgins 
    of New York, Mr. Grijalva, Mr. Khanna, Mr. Lynch, Ms. Kelly of 
   Illinois, Mr. Peters, Ms. Speier, Ms. Eshoo, Ms. Schakowsky, Ms. 
 Wasserman Schultz, Mr. Sean Patrick Maloney of New York, Ms. Norton, 
 Mrs. Carolyn B. Maloney of New York, Mr. Cartwright, Mr. Kilmer, Ms. 
 Lee of California, Mr. Cox of California, Ms. Haaland, Ms. Moore, Mr. 
 Soto, Mr. Pappas, Ms. Sanchez, Mr. Crist, Mrs. Torres of California, 
and Mr. Cardenas) 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 2019''.

SEC. 2. 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 lesbian, gay, bisexual, 
or transgender individuals that were motivated by the victim's gender, 
gender identity or expression, or sexual orientation.
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