Senate File 407 - Introduced SENATE FILE 407 BY CELSI and WAHLS A BILL FOR An Act relating to restrictions on the criminal defenses of 1 provocation, diminished capacity, and self-defense. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1836XS (3) 88 as/rh

S.F. 407 Section 1. NEW SECTION . 704A.1 Restriction on the defense 1 of provocation. 2 For purposes of determining sudden, violent, and 3 irresistible passion resulting from serious provocation 4 sufficient to excite such passion in a person, the provocation 5 was not objectively reasonable if it resulted from the 6 discovery of, knowledge about, or potential disclosure of 7 another person’s actual or perceived gender, gender identity, 8 gender expression, or sexual orientation, including under 9 circumstances in which the other person made an unwanted, 10 nonforcible, romantic or sexual advance towards the person, or 11 if the person and the other person dated or had a romantic or 12 sexual relationship. This section shall not preclude a jury 13 from considering all relevant facts to determine whether the 14 person was in fact provoked for purposes of establishing a 15 provocation defense. 16 Sec. 2. NEW SECTION . 704A.2 Restriction on the defense of 17 diminished capacity. 18 A person does not suffer from reduced mental capacity based 19 on the discovery of, knowledge about, or potential disclosure 20 of another person’s actual or perceived gender, gender 21 identity, gender expression, or sexual orientation, including 22 under circumstances in which the other person made an unwanted, 23 nonforcible, romantic or sexual advance towards the person, or 24 if the person and the other person dated or had a romantic or 25 sexual relationship. 26 Sec. 3. NEW SECTION . 704A.3 Restriction on the defense of 27 self-defense. 28 A person is not justified in using force against another 29 person based upon the discovery of, knowledge about, or 30 potential disclosure of another person’s actual or perceived 31 gender, gender identity, gender expression, or sexual 32 orientation, including under circumstances in which the other 33 person made an unwanted, nonforcible, romantic or sexual 34 advance towards the person, or if the person and the other 35 -1- LSB 1836XS (3) 88 as/rh 1/ 2

S.F. 407 person dated or had a romantic or sexual relationship. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to restrictions on criminal defenses of 5 provocation, diminished capacity, and self-defense. 6 The bill provides that for purposes of determining sudden, 7 violent, and irresistible passion resulting from serious 8 provocation sufficient to excite such passion in a person, the 9 provocation is not objectively reasonable if it results from 10 the discovery of, knowledge about, or potential disclosure of 11 another person’s actual or perceived gender, gender identity, 12 gender expression, or sexual orientation, including under 13 circumstances in which the other person made an unwanted, 14 nonforcible, romantic or sexual advance towards the person, or 15 if the person and the other person dated or had a romantic or 16 sexual relationship. The restriction shall not preclude a jury 17 from considering all relevant facts to determine whether the 18 defendant was in fact provoked for purposes of establishing a 19 provocation defense. 20 The bill provides that a person does not suffer from reduced 21 mental capacity, nor is a person justified in using force 22 against another person, based on the discovery of, knowledge 23 about, or potential disclosure of the other person’s actual or 24 perceived gender, gender identity, gender expression, or sexual 25 orientation, including under circumstances in which another 26 person made an unwanted, nonforcible, romantic or sexual 27 advance towards the person, or if the person and the other 28 person dated or had a romantic or sexual relationship. 29 -2- LSB 1836XS (3) 88 as/rh 2/ 2