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Senate Judiciary tables bill to eliminate 'panic' defense pending expert review

January 30, 2023 | JUDICIARY COMMITTEE - SENATE, Senate, Committees, Legislative, Arkansas


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Senate Judiciary tables bill to eliminate 'panic' defense pending expert review
The Senate Judiciary Committee heard testimony on S.B.60, a proposal to limit the availability of a so‑called "panic" defense when a defendant claims discovery of a victim's sexual orientation, gender identity or similar characteristic motivated a violent act. After emotional testimony and questions about legal scope, the committee voted to table the bill for further review.

Senator Chesterfield, the sponsor, described the bill as a straightforward change intended to prevent defendants from avoiding accountability by citing panic upon discovering a victim’s identity. Reverend Marie Maynard O'Connell told the committee she supports the bill and described attending a remembrance event for victims of anti‑LGBTQ violence. "Is my sibling going to be murdered for being trans?" she said, recounting her child’s question and urging members to act.

Some senators asked whether the measure would create a special classification or duplicate existing defenses in code. One member suggested the committee should hear judicial experts on potential legal ramifications before making a decision. After debate, a substitute motion to table S.B.60 — giving members time to gather additional testimony and legal analysis — carried on a voice vote and the bill was removed from immediate consideration.

The record shows the committee took no final vote on the merits of S.B.60; the motion to table was approved and the item will remain on the calendar until further action.

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