AB 361

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 their 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 or in which the victim dated or had a romantic or sexual relationship with the defendant.

Under current law, a person is not responsible for criminal conduct if, when the person committed the conduct, they were suffering from a mental disease or defect so that they lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform their 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 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 or in which the other person dated or had a romantic or sexual relationship with the defendant.