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MI HB5590

Bill

Status

Introduced

12/1/2021

Primary Sponsor

Laurie Pohutsky

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Prohibits use of a victim's actual or perceived sexual orientation, gender identity, or gender expression as "objectively reasonable provocation" in determining if a crime was committed during a sudden quarrel or heat of passion.

  • Bars defendants from asserting a "reduced mental capacity" defense under section 20a based on discovery, knowledge, or potential disclosure of a victim's sexual orientation or gender identity.

  • Eliminates justification for using force against another person based on the victim's sexual orientation, gender identity, or gender expression, including scenarios involving unwanted romantic or sexual advances or prior dating relationships.

  • Defines "dating relationship" as frequent, intimate associations primarily characterized by expectation of affectional involvement, excluding casual relationships or ordinary business or social fraternization.

Legislative Description

Criminal procedure: defenses; sexual orientation or gender identity of a victim as a defense to a crime; prohibit. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21d to ch. VIII.

Criminal procedure: defenses

Last Action

Bill Electronically Reproduced 12/01/2021

12/2/2021

Committee Referrals

Judiciary12/1/2021

Full Bill Text

No bill text available