SB 380 Wisconsin Senate · 2025-2026 Regular Session

Relating to: eliminating criminal defenses of adequate provocation, self-defense, or not guilty by reason of mental disease or defect if the claim is based on the victim’s gender identity or sexual orientation.

SB 380 eliminates three specific criminal defenses (adequate provocation, self-defense, and not guilty by reason of mental disease or defect) when a defendant claims the defense was based on the victim’s actual or perceived gender identity, gender expression, or sexual orientation. Key provisions explicitly bar these defenses in cases involving romantic advances without force, past relationships, or disclosures of the victim’s identity. The bill directly affects criminal defendants who attempt to justify violence using prejudice against LGBTQ+ identities as a legal argument. It applies to offenses committed on or after the bill’s effective date, removing these defenses from Wisconsin’s criminal code without altering the underlying crimes.
Bill status failed 1 of 4 stages cleared
Introduction
Jul 2025
Committee Review
Floor Vote
Governor
Introduced Jul 28, 2025 Last action Mar 23, 2026
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Jul 28, 2025
Introduced
Introduced by Senators Roys, Carpenter, Dassler-Alfheim, Spreitzer, Ratcliff, Drake, Habush Sinykin, Hesselbein, L. Johnson, Keyeski, Larson, Pfaff, Smith, Wall and Wirch; cosponsored by Representatives Neubauer, Spaude, Snodgrass, Cruz, Phelps, Rivera-Wagner, Stroud, Udell, Arney, Clancy, Anderson, Bare, DeSanto, DeSmidt, Emerson, Fitzgerald, Hong, Joers, Johnson, Kirsch, Madison, Mayadev, McCarville, Miresse, Moore Omokunde, Ortiz-Velez, Palmeri, Roe, Sheehan, Stubbs, Subeck, Tenorio and Vini
upper
15 primary · 0 co-sponsors

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