,,ii  #aafth ,,congress  #ast ,session  
,s4 #agba  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #e1      
#bjai,mr4 ,markey 7for himself1 ,mr4    
,menendez1 ,ms4 ,harris1 ,mr4           
,blumenthal1 ,ms4 ,baldwin1 ,mr4 ,king1 
,ms4 ,klobuchar1 ,mr4 ,kaine1 ,mr4      
,sanders1 ,ms4 ,hirono1 ,mr4 ,merkley1  
and ,ms4 ,smith7 introduced the         
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend title  
#ah1 ,united ,states ,code1 to prohibit 
gay and trans panic defenses4  #a4      
,short title ,this ,act may be cited as 
the ,gay and ,trans ,panic ,defense     
,prohibition ,act of #bjai4  #b4        
,findings ,congress finds that-- 7#a7   
the ,american ,bar ,association has     
urged the ,federal ,government to take  
legislative action to curtail the       
availability and effectiveness of the   
gay panic and trans panic defenses1     
which seek to partially or completely   
excuse crimes such as murder and assault

 on the grounds that the sexual         
orientation or gender identity of the   
victim is provocation enough for the    
violent reaction of the defendant2  7#b7
 gay and trans panic legal defenses1    
which continue to be raised in criminal 
proceedings in ,federal courts across   
the ,united ,states1 are surprisingly   
long-lived historical artifacts1        
remnants of a time when widespread      
public antipathy was the norm for       
lesbian1 gay1 bisexual1 and transgender 
7referred to in this ,act as ,,lgbt7    
individuals2  7#c7 gay and trans panic  
defenses characterize sexual orientation
 and gender identity as objectively     
reasonable excuses for loss of          
self-control1 and thereby illegitimately
 mitigate the responsibility of a       
perpetrator for harm done to ,,lgbt     
individuals2  7#d7 gay and trans panic  
defenses appeal to irrational fears and 
hatred of ,,lgbt individuals1 thereby   
undermining the legitimacy of ,federal  
criminal prosecutions and resulting in  

unjustifiable acquittals or sentencing  
reductions2  7#e7 the use of gay and    
trans panic defenses is entirely        
incompatible with the express intent of 
,federal law to provide increased       
protection to victims of bias-motivated 
crimes1 including crimes committed      
against ,,lgbt individuals2  7#f7       
continued use of these anachronistic    
defenses reinforces and                 
institutionalizes prejudice at the      
expense of norms of self-control1       
tolerance1 and compassion1 which the law
 should encourage1 and marks an         
egregious lapse in the march of the     
,united ,states toward a more just      
criminal justice system2 and  7#g7 to   
end the antiquated notion that ,,lgbt   
lives are worth less than others and to 
reflect modern understanding of ,,lgbt  
individuals as equal citizens under law1
 gay and trans panic defenses must end4 
#c4 ,prohibition on gay and trans panic 
defenses  7a7 ,in general ,chapter #a of
 title #ah1 ,united ,states ,code1 is   

amended by adding at the end the        
following3  #bh4 ,prohibition on gay and
 trans panic defenses  7a7 ,prohibition 
,no nonviolent sexual advance or        
perception or belief1 even if           
inaccurate1 of the gender1 gender       
identity or expression1 or sexual       
orientation of an individual may be used
 to excuse or justify the conduct of an 
individual or mitigate the severity of  
an offense4  7b7 ,past trauma           
,notwithstanding the prohibition in     
subsection 7a71 a court may admit       
evidence1 in accordance with the        
,federal ,rules of ,evidence1 of prior  
trauma to the defendant for the purpose 
of excusing or justifying the conduct of
 the defendant or mitigating the        
severity of an offense4  4  7b7         
,technical and conforming amendment ,the
 table of sections for chapter #a of    
title #ah1 ,united ,states ,code1 is    
amended by adding at the end the        
following3  #bh4 ,prohibition on gay and
 trans panic defenses4  4  7c7 ,report  

,the ,attorney ,general shall submit to 
,congress an annual report that details 
prosecutions in ,federal court involving
 capital and noncapital crimes committed
 against ,,lgbt individuals that were   
motivated by the victim's gender1 gender
 identity or expression1 or sexual      
orientation4