Bills › 88th General Assembly

HF 508Died when the session ended · February 25, 2019

Relating to restrictions on the criminal defenses of provocation, diminished capacity, and self-defense

Topics:Courts & civil lawLGBTQIA+

Same legislation: SF 407

Where it is now

  1. Done: IntroducedFebruary 25, 2019
  2. Stopped: SubcommitteeDied when the General Assembly ended
  3. Next: House committee
  4. Next: Passes the House
  5. Next: Senate committee
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

This bill relates to restrictions on criminal defenses of provocation, diminished capacity, and self-defense. The bill provides that for purposes of determining sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a person, the provocation is not objectively reasonable if it results from the discovery of, knowledge about, or potential disclosure of another person’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the other person made an unwanted, nonforcible, romantic or sexual advance towards the person, or if the person and the other person dated or had a romantic or sexual relationship.

Read the full explanation

The restriction shall not preclude a jury from considering all relevant facts to determine whether the defendant was in fact provoked for purposes of establishing a provocation defense. The bill provides that a person does not suffer from reduced mental capacity, nor is a person justified in using force against another person, based on the discovery of, knowledge about, or potential disclosure of the other person’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which another person made an unwanted, nonforcible, romantic or sexual advance towards the person, or if the person and the other person dated or had a romantic or sexual relationship.

Full bill text1

Iowa Code it changes

Creates§704A.1§704A.2§704A.3

How the Code works2

Lobbying

1 for · 0 against · 3 undecided · Who →

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