By: Moody H.B. No. 4328       A BILL TO BE ENTITLED   AN ACT   relating to a limitation on the use of a victim's gender identity or   sexual orientation as the basis for a defense in the trial of a   criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 2, Penal Code, is amended by adding Chapter   10 to read as follows:   CHAPTER 10.  LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY          Sec. 10.01.  DEFINITIONS. In this chapter:                (1)  "Gender identity" means the actual or perceived   gender-related identity, expression, appearance, mannerisms, or   other gender-related characteristics of an individual, regardless   of the individual's designated sex at birth.                (2)  "Sexual orientation" means actual or perceived   heterosexuality, homosexuality, or bisexuality.          Sec. 10.02.  LIMITATION OF DEFENSE BASED ON VICTIM IDENTITY.   (a) This section applies in the prosecution of any offense under   this code.          (b)  The use of force against another is not justified and an   actor does not reasonably believe that the use of force is   immediately necessary if the use of force occurs in response to:                (1)  the actor's discovery or knowledge of, or the   victim's disclosure or potential disclosure of, the gender identity   or sexual orientation of the victim; or                (2)  a nonviolent romantic or sexual advance made by   the victim toward the actor.          (c)  A defendant may not raise the issue that the defendant   demonstrated a lower degree of culpability than that charged if the   defendant's claim of a lower degree of culpability is based on:                (1)  the defendant's discovery or knowledge of, or the   victim's disclosure or potential disclosure of, the gender identity   or sexual orientation of the victim; or                (2)  a nonviolent romantic or sexual advance made by   the victim toward the defendant.          (d)  When determining whether a defendant committed an   offense under the immediate influence of sudden passion arising   from an adequate cause, it is not an adequate cause that the offense   resulted from:                (1)  the defendant's discovery or knowledge of, or the   victim's disclosure or potential disclosure of, the gender identity   or sexual orientation of the victim; or                (2)  a nonviolent romantic or sexual advance made by   the victim toward the defendant.          (e)  This section applies regardless of whether a   defendant's knowledge, discovery, or belief regarding the victim's   gender identity or sexual orientation was accurate.          SECTION 2.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2025.