HB20-1307 Summary

• Bans the use of "gay panic" and "trans panic" defenses by establishing that evidence of a victim's, defendant's, or witness's gender identity, gender expression, or sexual orientation is presumed irrelevant at trial.

• Prohibits knowledge or awareness of a victim's gender identity or sexual orientation from constituting inability to distinguish right from wrong in insanity defenses under section 16-8-101.5.

• Bars physical force defenses based solely on discovery or disclosure of a victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including unwanted nonforcible romantic or sexual advances.

• Creates a protective hearing procedure requiring written motion at least 35 days before trial, affidavit with offer of proof, and in-camera hearing before any such evidence can be admitted, with all motions and transcripts sealed unless evidence is deemed admissible.

• Establishes that sudden heat of passion cannot be based solely on discovery of a victim's gender identity or sexual orientation in murder, assault in the first degree, and assault in the second degree cases.