LRB-2490/1
CMH:amn&kjf
2019 - 2020 LEGISLATURE
September 12, 2019 - Introduced by Representatives Neubauer, Cabrera, Novak,
Zamarripa, Spreitzer, Anderson, Billings, Bowen, Brostoff, Considine,
Emerson, Fields, Goyke, Gruszynski, Hebl, Hesselbein, Kitchens,
McGuire, Ohnstad, Pope, Riemer, Sargent, Shankland, Sinicki, Stuck,
Subeck, C. Taylor, Vining and Vruwink, cosponsored by Senators Carpenter,
Erpenbach, Hansen, Johnson, Larson, Risser, Smith, L. Taylor and Wirch.
Referred to Committee on Criminal Justice and Public Safety.
AB436,1,3 1An Act to create 939.44 (3) and 939.48 (5m) of the statutes; relating to:
2eliminating criminal defense of adequate provocation or self-defense if the
3claim is based on the victim's gender identity or sexual orientation.
Analysis by the Legislative Reference Bureau
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB436,1
1Section 1. 939.44 (3) of the statutes is created to read:
AB436,2,72 939.44 (3) Provocation is not adequate under this section if it resulted from the
3discovery of, knowledge about, or potential disclosure of the victim's actual or
4perceived gender, gender identity, gender expression, or sexual orientation,
5including under circumstances in which the victim made a romantic or sexual
6advance without use or threat of force or violence towards the defendant or if the
7defendant and victim dated or had a romantic or sexual relationship.
AB436,2 8Section 2. 939.48 (5m) of the statutes is created to read:
AB436,2,149 939.48 (5m) A person is not entitled to claim the privilege of self-defense based
10on the discovery of, knowledge about, or potential disclosure of the victim's actual or
11perceived gender, gender identity, gender expression, or sexual orientation,
12including under circumstances in which the victim made a romantic or sexual
13advance without use or threat of force or violence towards the person or if the person
14and victim dated or had a romantic or sexual relationship.
AB436,2,1515 (End)
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