Legislative Analysis
Phone: (517) 373-8080
PROHIBIT “LGBTQ PANIC” DEFENSE http://www.house.mi.gov/hfa
House Bill 4718 as reported from commitee Analysis available at
Sponsor: Rep. Laurie Pohutsky http://www.legislature.mi.gov
Committee: Criminal Justice
Complete to 10-18-23
SUMMARY:
House Bill 4718 would amend the Code of Criminal Procedure to prohibit the so-called
“LGBTQ panic” defense in Michigan. The bill would provide that knowing or learning
about the gender, gender identity or expression, or sexual orientation of an individual is
not a justification for using force against them and does not meet criteria necessary for the
act to be considered voluntary manslaughter (as opposed to murder) or to raise a defense
of insanity.
Specifically, the bill would provide that the following apply to the discovery of, knowledge
about, or potential disclosure of a victim’s actual or perceived gender, gender identity,
gender expression, or sexual orientation:
• The discovery, knowledge, or potential disclosure is not objectively reasonable
provocation for purposes of determining whether a crime was committed because
of a sudden quarrel or in a heat of passion.
• The discovery, knowledge, or potential disclosure does not cause a person to suffer
from reduced mental capacity and cannot be the basis of a defense asserted under
section 20a of Chapter VIII of the code (i.e., an insanity defense). 1
• The discovery, knowledge, or potential disclosure does not justify a person’s use of
force against the victim.
The above provisions would include circumstances in which the victim made an unwanted
nonforcible romantic or sexual advance toward the defendant or in which the defendant
and victim had a dating relationship or sexual relationship.
Dating relationship would mean frequent, intimate associations primarily
characterized by the expectation of affectional involvement. The term does not
include a casual relationship or an ordinary fraternization between two individuals
in a business or social context.
Proposed MCL 768.21d
FISCAL IMPACT:
The bill would have no fiscal impact on the state or on local units of government.
1
http://legislature.mi.gov/doc.aspx?mcl-768-20a
House Fiscal Agency Page 1 of 2
POSITIONS:
Representatives of the following entities testified in support of the bill (9-28-23):
• Equality Michigan
• Human Rights Campaign
The following entities indicated support for the bill:
• LGBTQ+ Section of the State Bar of Michigan (9-28-23)
• National LGBTQ+ Bar Association (9-28-23)
• American Association of University Women of Michigan (10-3-23)
• Michigan League for Public Policy (10-3-23)
• Michigan Coalition to End Domestic and Sexual Violence (10-3-23)
Legislative Analyst: Rick Yuille
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 4718 as reported Page 2 of 2


Statutes affected:
Substitute (S-1): 760.1, 777.69
House Introduced Bill: 760.1, 777.69
As Passed by the House: 760.1, 777.69
As Passed by the Senate: 760.1, 777.69
House Concurred Bill: 760.1, 777.69
Public Act: 760.1, 777.69
House Enrolled Bill: 760.1, 777.69