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Committee bars 'panic' defense for crimes targeting LGBTQ victims, approves amendment
Summary
House Bill 1311, which would prohibit the LGBTQ+ panic defense in homicide cases, was amended to clarify that nonviolent or nonthreatening romantic advances cannot constitute 'serious provocation'; the amendment and the bill were reported 14–12 after debate over jury discretion and statutory definitions.
The Judiciary Committee voted to adopt an amendment and report House Bill 1311, a measure designed to bar the so-called LGBTQ+ panic defense in homicide cases by excluding a victim’s LGBTQ status from the definition of serious provocation.
Representative Sanchez, sponsor of HB1311, told the committee the bill "makes clear that one's existence as a member of the LGBTQ family cannot form the basis for such a defense." Counsel described the amendment A02585 as clarifying that any nonviolent or nonthreatening romantic advance cannot give rise to serious provocation.
Supporters said the change protects vulnerable communities and aligns Pennsylvania with 20 states and the District of Columbia that have taken similar steps. Opponents, including Chairman Kaufman and other members, argued the bill overly constrains juries and might prevent courts from considering relevant context in difficult cases.
After debate the amendment passed on a roll-call vote and the bill, as amended, was reported 14–12. Committee counsel said the bill takes effect in 60 days and noted one amendment was adopted.
