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Sen. Chandley, Dist 11
Sen. Carson, Dist 14
June 7, 2023
2023-2170s
07/08
Floor Amendment to HB 315
Amend the title of the bill by replacing it with the following:
AN ACT prohibiting provocations based on a victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation from being used as a defense in a criminal case.
Amend the bill by replacing all after the enacting clause with the following:
1 Homicide; Manslaughter. Amend the introductory paragraph in RSA 630:2, I to read as follows:
I. A person is guilty of manslaughter when [he] such person causes the death of another:
2 New Paragraph; Homicide; Manslaughter; Certain Provocation Not Objectively Reasonable. Amend RSA 630:2 by inserting after paragraph III the following new paragraph:
IV.(a) For the purpose of determining if the defendant was under the influence of extreme mental or emotional disturbance caused by extreme provocation pursuant to paragraph I, the provocation was not objectively reasonable if it resulted from the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, sex, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship. Nothing in this paragraph shall preclude the jury from considering all relevant facts to determine whether the defendant was in fact provoked for purposes of establishing subjective provocation.
(b) For the purpose of this paragraph, “gender” includes a person’s gender identity and gender-related appearance and behavior regardless of whether that appearance or behavior is associated with the person’s gender as determined at birth.
3 Effective Date. This act shall take effect January 1, 2024.
2023-2170s
AMENDED ANALYSIS
This bill prohibits provocations based on a victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation from being used as a defense in manslaughter cases.