Bill Summary for H 449 (2021-2022)

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Summary date: 

Mar 30 2021

Bill Information:

View NCGA Bill Details2021
House Bill 449 (Public) Filed Tuesday, March 30, 2021
AN ACT TO PROHIBIT A DEFENSE TO HOMICIDE OR ASSAULT BASED ON THE DISCOVERY OF, PERCEPTION OF, OR BELIEF ABOUT ANOTHER PERSON'S SEX, GENDER, GENDER IDENTITY, OR SEXUAL ORIENTATION.
Intro. by Autry, Morey, Clemmons, Alston.

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Bill summary

Enacts GS 14-18.3, prohibiting as a defense to homicide prosecutions under Article 6, the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, specifying the same is not provocation negating malice as an element of murder. Specifies that the statute does not preclude the admission of evidence of a victim's or witness's conduct, behavior, or statements that is relevant or otherwise admissible.

Enacts identical provisions to GS 14-34.11, applicable to prosecutions for assault under Article 8.

Applies to offenses committed on or after December 1, 2021. Provides a savings clause for prosecutions for offenses committed before December 1, 2021.