Senate File 589 S-3095 Amend Senate File 589 as follows: 1 1. Page 11, after line 23 by inserting: 2 < Sec. ___. NEW SECTION . 704A.1 Restriction on the defense 3 of provocation. 4 For purposes of determining sudden, violent, and 5 irresistible passion resulting from serious provocation 6 sufficient to excite such passion in a person, the provocation 7 was not objectively reasonable if it resulted from the 8 discovery of, knowledge about, or potential disclosure of 9 another person’s actual or perceived gender, gender identity, 10 gender expression, or sexual orientation, including under 11 circumstances in which the other person made an unwanted, 12 nonforcible, romantic or sexual advance towards the person, or 13 if the person and the other person dated or had a romantic or 14 sexual relationship. This section shall not preclude a jury 15 from considering all relevant facts to determine whether the 16 person was in fact provoked for purposes of establishing a 17 provocation defense. 18 Sec. ___. NEW SECTION . 704A.2 Restriction on the defense 19 of diminished capacity. 20 A person does not suffer from reduced mental capacity based 21 on the discovery of, knowledge about, or potential disclosure 22 of another person’s actual or perceived gender, gender 23 identity, gender expression, or sexual orientation, including 24 under circumstances in which the other person made an unwanted, 25 nonforcible, romantic or sexual advance towards the person, or 26 if the person and the other person dated or had a romantic or 27 sexual relationship. 28 Sec. ___. NEW SECTION . 704A.3 Restriction on the defense of 29 self-defense. 30 A person is not justified in using force against another 31 person based upon the discovery of, knowledge about, or 32 potential disclosure of another person’s actual or perceived 33 gender, gender identity, gender expression, or sexual 34 orientation, including under circumstances in which the other 35 -1- SF589.1296 (2) 88 as/rh 1/ 2 #1.