SENATE BILL 213

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Jacob R. Candelaria and Leo Jaramillo and Carrie Hamblen

and Brittney Barreras

 

 

 

 

AN ACT

RELATING TO CRIME; PROHIBITING A DEFENSE BASED ON A DEFENDANT'S DISCOVERY OF, KNOWLEDGE ABOUT OR THE POTENTIAL DISCLOSURE OF A VICTIM'S OR WITNESS'S GENDER, GENDER IDENTITY, GENDER EXPRESSION OR SEXUAL ORIENTATION; PROHIBITING A DEFENSE BASED ON THE EFFECT ON A DEFENDANT OF BEING ROMANTICALLY PROPOSITIONED IN A NONVIOLENT OR NON-THREATENING MANNER BY A PERSON OF THE SAME GENDER OR A PERSON WHO IS TRANSGENDER.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 30, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFENSE BASED ON VICTIM'S GENDER, GENDER IDENTITY, GENDER EXPRESSION OR SEXUAL ORIENTATION PROHIBITED.--

          A. No evidence shall be admitted as a defense in a criminal proceeding regarding the effect on the defendant of the discovery of, knowledge about or potential disclosure of a victim's or witness's actual or perceived:

                (1) gender;

                (2) gender expression;

                (3) gender identity; or

                (4) sexual orientation.

          B. No evidence shall be admitted as a defense in a criminal proceeding regarding the effect on the defendant of being romantically propositioned in a nonviolent or non-threatening manner by a person of the same gender or a person who is transgender.

          C. As used in this section:

                (1) "gender expression" means the external appearance of a person's gender identity, often expressed through the person's behavior, physical appearance or voice, which expression may or may not conform to socially defined behaviors and characteristics typically associated with masculinity or femininity;

                (2) "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth; and

                (3) "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived."

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