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HB 4718

Criminal procedure: defenses; sexual orientation or gender identity of a victim as a defense to a crime; prohibit. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21d to ch. VIII.

2023-2024 Regular Session Introduced by Abraham Aiyash and 28 co-sponsors

HB 4718 bans using a victim's sex, gender identity, gender expression, or sexual orientation as provocation, heat-of-passion, or diminished-capacity defenses in criminal cases.

assigned PA 87'24
#civilrights:sexualorientationdiscrimination #criminalprocedure:defenses
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Bill Summary · HB 4718

Summary — HB 4718 (Enrolled PA 87 of 2024)

Criminal procedure: prohibit use of a victim’s sexual orientation or gender identity as a justification or mitigating defense

Main purpose

HB 4718 adds section 21d to Chapter VIII (Trials) of the Code of Criminal Procedure (1927 PA 175) to prohibit use of evidence about a victim’s actual or perceived sex, gender identity, gender expression, or sexual orientation as a justification or mitigating basis for committing a crime. The change is intended to eliminate what is commonly called the “gay/trans panic” or “LGBTQ panic” defense.

Key provisions

  • Adds MCL 760.21d:
    • Evidence of the discovery of, knowledge about, or potential disclosure of a person’s actual or perceived sex, gender identity, gender expression, or sexual orientation is not admissible for:
    • demonstrating reasonable provocation;
    • showing that an act was committed in a heat of passion; or
    • supporting a defense of reduced mental capacity under section 20a (insanity/diminished-capacity uses).
    • Notwithstanding other state law, a person is not justified in using force against another on the basis of discovering, knowing about, or potential disclosure of the victim’s sex, gender identity, gender expression, or sexual orientation.

Who is affected

  • Criminal defendants and defense counsel: removes a category of evidence/argument previously used to seek reduced culpability (e.g., to support manslaughter instead of murder, diminished capacity, or self‑defense claims).
  • Prosecutors and courts: bars admission of the specified evidence for the listed purposes and supports prosecutorial pursuit of full charges where such defenses would otherwise be invoked.
  • Victims (particularly LGBTQ+ individuals): intended to reduce use of defenses that rely on bias toward sexual orientation or gender identity.
  • Juries: will not be able to consider the excluded evidence for provocation/heat-of-passion, diminished capacity, or justification claims.

Procedural/timeline notes and fiscal impact

  • Enrolled as Public Act No. 87 of 2024; approved by the Governor July 23, 2024; filed with the Secretary of State July 23, 2024.
  • Effective Sine Die: 91st day after final adjournment of the 2024 Regular Session (per the act).
  • Nonpartisan legislative analyses state the bill would have no fiscal impact on state or local courts.

Statutory reference

  • Amends 1927 PA 175 (MCL 760.1–777.69) by adding sec. 21d — codified at MCL 760.21d.

Compiled from official sources — confirm details with the bill’s official record.

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