Senate Bill 20-221 Summary

• Bans the use of "gay panic" and "trans panic" defenses by prohibiting evidence of a victim's or witness's gender identity, gender expression, or sexual orientation from being used to establish insanity, provocation, or justification for violent crimes

• Requires a written motion filed at least 35 days before trial with an affidavit showing specific factual relevance before such evidence can be admitted, and mandates an in-camera hearing where the court must find the evidence relevant to a material issue

• Explicitly prevents a defendant from claiming sudden heat of passion based solely on discovery or knowledge of a victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including unwanted romantic or sexual advances

• Establishes that knowledge or awareness of a victim's gender identity or sexual orientation cannot constitute inability to distinguish right from wrong for insanity defense purposes

• Requires jury instructions that bias or prejudice based on gender identity, gender expression, or sexual orientation cannot influence verdict decisions, with exception for bias-motivated crime prosecutions governed by standard evidence rules