REFERENCE TITLE: criminal responsibility; gender; sexual orientation

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

SB 1513

Introduced by

Senators Bowie: Gonzales, Stahl Hamilton, Terán; Representatives Dalessandro, Espinoza, Hernandez M, Jermaine

AN ACT

amending title 13, chapter 5, Arizona Revised Statutes, by adding section 13-505; relating to criminal responsibility.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 5, Arizona Revised Statutes, is amended by adding section 13-505, to read:

START_STATUTE13-505. Nondefense to criminal liability; gender identity, sexual orientation or nonviolent sexual advances; definitions

A. The use of force against another is not justified and a person may not reasonably believe that the use of force is immediately necessary if the use of force occurs in response to either of the following:

1. The person's discovery or knowledge of, or the victim's disclosure or potential disclosure of, the victim's gender identity or sexual orientation.

2. A nonviolent romantic or sexual advance made by the victim toward the person.

B. A defendant may not raise the issue that the defendant demonstrated a lower degree of culpability than that charged if the defendant's claim of a lower degree of culpability is based on either of the following:

1. The defendant's discovery or knowledge of, or the victim's disclosure or potential disclosure of, the victim's gender identity or sexual orientation.

2. A nonviolent romantic or sexual advance made by the victim toward the defendant.

C. When determining whether a defendant committed an offense under the immediate influence of a sudden quarrel or heat of passion resulting from an adequate provocation, it is not an adequate provocation that the offense resulted from either of the following:

1. The defendant's discovery or knowledge of, or the victim's disclosure or potential disclosure of, the victim's gender identity or sexual orientation.

2. A nonviolent romantic or sexual advance made by the victim toward the defendant.

D. This section applies whether or not a defendant's knowledge, discovery or belief regarding the victim's gender identity or sexual orientation was accurate.

E. For the purposes of this section:

1. "Gender identity" means a person's actual or perceived gender-related identity, expression, appearance or mannerisms or other gender-related characteristics, regardless of the person's designated sex at birth.

2. "Sexual orientation" means actual or perceived heterosexuality, homosexuality or bisexuality. END_STATUTE