2018 -- H 7066 AS AMENDED

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LC003288

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- TRIALS

     Introduced By: Representatives Marshall, Bennett, Blazejewski, Mendonca, and

     Date Introduced: January 03, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 12-17 of the General Laws entitled "Trial" is hereby amended by

adding thereto the following sections:

     12-17-17. Restrictions on the defense of provocation.

     For purposes of determining sudden quarrel or heat of passion, the provocation was not

objectively reasonable if it resulted solely from 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 non-forcible

romantic or sexual advance toward the defendant, or if the defendant and victim dated or had a

romantic relationship.

     12-17-18. Restrictions on the defense of diminished capacity.

     A defendant does not suffer from reduced mental capacity based solely on 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 non-forcible romantic or sexual advance toward the defendant, or if the

defendant and victim dated or had a romantic or sexual relationship.

     12-17-19. Restrictions on the defense of self-defense.

     A person is not justified in using force against another based solely on 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 non-forcible romantic or sexual advance toward the defendant, or if the

defendant and victim dated or had a romantic or sexual relationship.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- TRIALS

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     This act would restrict the use of a victim's gender or sexual orientation as a defense by

any defendant claiming provocation, diminished capacity or self-defense and would prohibit the

court from allowing such information into evidence.

     This act would take effect upon passage.

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