Assembly Bill 361 aims to amend existing criminal law in Wisconsin by eliminating certain defenses related to adequate provocation, self-defense, and not guilty by reason of mental disease or defect when these claims are based on a victim's gender identity or sexual orientation. Specifically, the bill stipulates that a defendant cannot assert adequate provocation or self-defense if their actions stem from the discovery of, knowledge about, or potential disclosure of the victim's gender identity or sexual orientation, including situations where the victim made a romantic or sexual advance without force or violence.
Additionally, the bill modifies the definition of mental disease or defect to exclude conditions arising from the same circumstances related to a victim's gender identity or sexual orientation. The legal language has been updated to clarify that such states do not qualify as a defense in criminal proceedings. The bill's provisions will apply to offenses committed on or after its effective date, reinforcing the state's commitment to protecting individuals from violence based on their gender identity or sexual orientation.