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Texas · 89th Legislature Regular Session
HB4328Relating to a limitation on the use of a victim's gender identity or sexual orientation as the basis for a defense in the trial of a criminal offense.
Limits use of a victim's gender identity as basis for defenses like self-defense, sudden passion, or lower culpability in criminal trials, so less ability to use gender identity in such defenses.
the use of force against another is not justified and an actor does not reasonably believe that the use of force is immediately necessary if the use of force occurs in response to: (1) the actor's discovery or knowledge of, or the victim's disclosure or potential disclosure of, the gender identity or sexual orientation of the victim;
Why the model tagged it this way: The bill adds a new chapter to the Penal Code that bars defendants from using a victim's actual or perceived gender identity (explicitly defined to include transgender people) or sexual orientation as the basis for claiming self-defense, sudden passion, or lower culpability in any criminal prosecution. This restricts legal recognition and defenses tied to transgender identity in the context of criminal trials involving violence against the victim.
Related bills
HB805Relating to a task force to study the legal and societal barriers to equality for transgender persons.↑Expands transgender recognition & access↑Expands transgender recognition & access Filed
HB810Relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression; providing an administrat↑Expands transgender recognition & access Filed
SB154Relating to a criminal offense committed against a person because of bias or prejudice on the basis of sexual orientation or gender identity↑Expands transgender recognition & access Filed
SB37Relating to fetal development instruction included as part of the public school health curriculum in certain grade levels.↓Restricts abortion access=No change to transgender recognition & access Died (session ended)