2023 - 2024 LEGISLATURE
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2023 SENATE BILL 307
May 24, 2023 - Introduced by Senators CARPENTER, SPREITZER, AGARD, HESSELBEIN,
LARSON, ROYS and SMITH, cosponsored by Representatives NEUBAUER,
CABRERA, SNODGRASS, C. ANDERSON, J. ANDERSON, ANDRACA, BARE, BILLINGS,
CLANCY, CONLEY, CONSIDINE, EMERSON, JOERS, MADISON, OHNSTAD,
ORTIZ-VELEZ, PALMERI, RATCLIFF, SHANKLAND, SHELTON, SINICKI, STUBBS,
SUBECK and VINING. Referred to Committee on Judiciary and Public Safety.
1 AN ACT to renumber and amend 971.15 (2); and to create 939.44 (3), 939.48
2 (5m) and 971.15 (2) (b) of the statutes; relating to: eliminating criminal
3 defenses of adequate provocation, self-defense, or not guilty by reason of
4 mental disease or defect if the claim is based on the victim's gender identity or
5 sexual orientation.
Analysis by the Legislative Reference Bureau
Current law provides specific defenses to criminal liability. For instance, a
charge of first-degree intentional homicide may be mitigated to second-degree
intentional homicide if, at the time of committing the crime, the defendant
reasonably believes the victim has done something that adequately provokes the
defendant to lack self-control completely. Another defense is the privilege of
self-defense under which a person may threaten or intentionally use force against
another for the purpose of preventing or terminating what the person reasonably
believes to be an unlawful interference with his or her person by the other person.
Under this bill, a defendant may not assert adequate provocation or self-defense as
a defense if the criminal action in question resulted from the discovery of, knowledge
about, or potential disclosure of the victim's gender identity or expression or sexual
orientation, including under circumstances in which the victim made a romantic or
sexual advance without use or threat of force or violence toward the defendant or in
which the victim dated or had a romantic or sexual relationship with the defendant.
Under current law, a person is not responsible for criminal conduct if, when the
person committed the conduct, he or she was suffering from a mental disease or
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SENATE BILL 307
defect so that he or she lacked substantial capacity either to appreciate the
wrongfulness of the conduct or to conform his or her conduct to the requirements of
law. To raise this defense, a defendant must plead not guilty by reason of mental
disease or defect. Then, at the trial, if the defendant is found guilty of the crime, the
court must determine if the person is not responsible for the crime due to mental
disease or defect. If the person is found not responsible due to mental disease or
defect, the person is committed to the Department of Heath Services for treatment
for a period that varies depending on the severity of the crime. Under this bill,
mental disease or defect does not include a state that is brought on by or results from
the discovery of, knowledge about, or potential disclosure of another's gender
identity or expression or sexual orientation, including under circumstances in which
the other person made a romantic or sexual advance without use or threat of force
or violence toward the defendant or in which the other person dated or had a
romantic or sexual relationship with the defendant.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 939.44 (3) of the statutes is created to read:
2 939.44 (3) Provocation is not adequate under this section if it resulted from the
3 discovery of, knowledge about, or potential disclosure of the victim's actual or
4 perceived gender, gender identity, gender expression, or sexual orientation,
5 including under circumstances in which the victim made a romantic or sexual
6 advance without use or threat of force or violence towards the defendant or in which
7 the defendant and victim dated or had a romantic or sexual relationship.
8 SECTION 2. 939.48 (5m) of the statutes is created to read:
9 939.48 (5m) A person is not entitled to claim the privilege of self-defense based
10 on the discovery of, knowledge about, or potential disclosure of the victim's actual or
11 perceived gender, gender identity, gender expression, or sexual orientation,
12 including under circumstances in which the victim made a romantic or sexual
13 advance without use or threat of force or violence towards the person or in which the
14 person and victim dated or had a romantic or sexual relationship.
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SENATE BILL 307 SECTION 3
1 SECTION 3. 971.15 (2) of the statutes is renumbered 971.15 (2) (intro.) and
2 amended to read:
3 971.15 (2) (intro.) As used in this chapter, the terms “mental disease or defect"
4 do not include an any of the following:
5 (a) An abnormality manifested only by repeated criminal or otherwise
6 antisocial conduct.
7 SECTION 4. 971.15 (2) (b) of the statutes is created to read:
8 971.15 (2) (b) A state brought on by or resulting from the discovery of,
9 knowledge about, or potential disclosure of an individual's actual or perceived
10 gender, gender identity, gender expression, or sexual orientation, including under
11 circumstances in which an individual made a romantic or sexual advance without
12 use or threat of force or violence towards the actor or in which the actor and the
13 individual dated or had a romantic or sexual relationship.
14 SECTION 5.0Initial applicability.
15 (1) This act first applies to offenses committed on the effective date of this
16 subsection.
17 (END)