[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6358 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6358

To amend title 18, United States Code, to prohibit gay and trans panic 
                               defenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2018

Mr. Kennedy (for himself, Mr. Lowenthal, Ms. Norton, Mr. Grijalva, Mr. 
    Higgins of New York, Mr. Cicilline, Mr. Khanna, Mr. Nadler, Mr. 
 Pallone, Mr. McGovern, and Mr. Takano) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to prohibit gay and trans panic 
                               defenses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gay and Trans Panic Defense 
Prohibition Act of 2018''.

SEC. 2. PROHIBITION ON GAY AND TRANS PANIC DEFENSES.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 28. Prohibition on gay and trans panic defenses
    ``(a) Prohibition.--No nonviolent sexual advance or perception or 
belief, even if inaccurate, of the gender, gender identity or 
expression, or sexual orientation of an individual may be used to 
excuse or justify the conduct of an individual or mitigate the severity 
of an offense.
    ``(b) Past Trauma.--Notwithstanding the prohibition in subsection 
(c), a court may admit evidence, in accordance with the Federal Rules 
of Evidence, of prior trauma to the defendant for the purpose of 
excusing or justifying the conduct of the defendant or mitigating the 
severity of an offense.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 18, United States Code, is amended by adding at the 
end the following:

``28. Prohibition on gay and trans panic defenses.''.
    (c) Report.--The Attorney General shall submit to Congress an 
annual report that details prosecutions in Federal court involving 
capital and noncapital crimes committed against lesbian, gay, bisexual, 
or transgender individuals that were motivated by the victim's gender, 
gender identity or expression, or sexual orientation.
                                 <all>