AB 470

Current law provides specific defenses to criminal liability. For instance, a

charge of first-degree intentional homicide may be mitigated to second-degree

intentional homicide if, at the time of committing the crime, the defendant

reasonably believes the victim has done something that adequately provokes the

defendant to lack self-control completely. Another defense is the privilege of

self-defense under which a person may threaten or intentionally use force against

another for the purpose of preventing or terminating what the person reasonably

believes to be an unlawful interference with his or her person by the other person.

Under this bill, a defendant may not assert adequate provocation or self-defense as

a defense if the criminal action in question resulted from the discovery of, knowledge

about, or potential disclosure of the victim's gender identity or expression or sexual

orientation, including under circumstances in which the victim made a romantic or

sexual advance without use or threat of force or violence toward the defendant.

Under current law, a person is not responsible for criminal conduct if, when the

person committed the conduct, he or she was suffering from a mental disease or

defect so that he or she lacked substantial capacity either to appreciate the

wrongfulness of the conduct or to conform his or her conduct to the requirements of

law. To raise this defense, a defendant must plead not guilty by reason of mental

disease or defect. Then, at the trial, if the defendant is found guilty of the crime, the

court must then determine if the person is not responsible for the crime due to mental

disease or defect. If the person is found not responsible due to mental disease or

defect, the person is committed to the Department of Heath Services for treatment

for a period that varies depending on the severity of the crime. Under this bill,

mental disease or defect does not include a state that is brought on by or results from

the discovery of, knowledge about, or potential disclosure of another's gender

identity or expression or sexual orientation, including under circumstances in which

the other person made a romantic or sexual advance without use or threat of force

or violence toward the defendant.