Jennifer_SFBA
10/08/06, 04:23 am
For the past several years, I have served on the Equality California Transgender Equality Alliance Committee headed by Chris Daley, attorney and Director of the San Francisco Transgender Law Center. Together we on the committee wrote the original version of AB 1160. The original version of our bill called for "judicial review" of criminal legal cases involving crimes against GLBT people for the purpose of "excluding" predudicial "panic" defenses during the pre-trial phase of criminal trials. Trial lawyers objected and argued that defendants are entitled to the legal defense of "panic," and that it is unconstitutional to limit the defense rights of defendanants. The result was that AB 1160 was amended from requiring judical review to a requirement for presiding judges to issue a jury instruction of non-predjudice to juries from the bench. The article below along with bill numbers and descriptions of other GLBT legislative bills that were passed into law in California this legislative term is not copywrited and is at the Equality California GLBT public advocacy website that follows:
http://www.eqca.org/site/apps/nl/content2.asp?c=9oINKWMCF&b=40337&ct=2994027
Those GBLT bills that have passed into law in California blaze a new legal trail, but fall short of full civil and criminal legal equality for GLBT people. They are able to be built upon by GLBT civil rights activists to construct an American superhighway for full civil and criminal legal rights and equality for all. (Please also see AB 196, 2003, and AB 1586, 2005, to the writing of which bills, I also contributed).
As a union steward and union committees member and/or officer, I worked hard on the campaign to re-elect a member to my employer's health plans board. I am very happy to say that the member of the board I worked for was re-elected in a 3-way race. In exchange for my union's help in that election, my union was promised comprehensive transgender and transsexual health benefits and services following the California general elections this year, November 7, 2006. I fully expect that those benefits and services will be made part of my unions health plans, and that once they are in place, they will be able to more easily be taken up in other states throughout America.
September 28, 2006
GOVERNOR SIGNS BILL TO LIMIT BIAS IN CALIFORNIA COURTROOMS
Measure Limits Use of Anti-Lesbian, Gay, Bisexual and Transgender "Panic" Strategies in Criminal Trials
Sacramento, CA -Governor Schwarzenegger today signed AB 1160, the Gwen Araujo Justice for Victims Act, to address the use of so-called "panic defense" strategies, whereby criminal defendants attempt to reduce their culpability for violent crimes by claiming that they "panicked" upon discovering a victim's sexual orientation or gender identity.
Authored by Assemblymember Sally Lieber (D-San Jose) and sponsored by Equality California (EQCA), the bill directs the Office of Emergency Services to create training materials for district attorneys on best practices to address the use of bias-motivated defense strategies in criminal trials. The bill also requires the Judicial Council to adopt a jury instruction that tells jurors not to consider bias against people because of sexual orientation, gender identity or other characteristics in rendering a verdict.
"The enactment of this bill will help keep bias and hatred out of our courtrooms," said Assemblymember Lieber. "All Californians -- regardless of gender, sexual orientation, disability, religion or ethnicity -- should be treated fairly by our criminal justice system."
AB 1160 is named in honor of Gwen Araujo, a transgender teen, who was murdered in Newark, California in 2002.
"Since my daughter was killed, my family and I have spent literally thousands of hours working hard to make sure that California is a state where everyone is respected and treated fairly," said Sylvia Guerrero. "The Gwen Araujo Justice for Victims Act will really help us in our work."
"This legislation is an important step forward in the effort to ensure that those who commit hate crimes are properly punished," said EQCA Executive Director, Geoff Kors. "EQCA is proud to have partnered with the Transgender Law Center in crafting and passing this bill and we will work together to monitor its implementation."
In October 2002, Gwen Araujo, a 17-year old teenager from Newark, California, was attending a party when four men discovered that she was transgender. The men beat her to death and then buried her in a shallow grave. On January 27, 2006, three of the four defendants were sentenced in the slaying. On August 25, 2006, a fourth defendant was sentenced to 11 years in California state prison for his role in Araujo's death. "A Girl Like Me: The Gwen Araujo Story" based on Gwen's life, premiered in June, 2006 on Lifetime Television.
http://www.eqca.org/site/apps/nl/content2.asp?c=9oINKWMCF&b=40337&ct=2994027
Those GBLT bills that have passed into law in California blaze a new legal trail, but fall short of full civil and criminal legal equality for GLBT people. They are able to be built upon by GLBT civil rights activists to construct an American superhighway for full civil and criminal legal rights and equality for all. (Please also see AB 196, 2003, and AB 1586, 2005, to the writing of which bills, I also contributed).
As a union steward and union committees member and/or officer, I worked hard on the campaign to re-elect a member to my employer's health plans board. I am very happy to say that the member of the board I worked for was re-elected in a 3-way race. In exchange for my union's help in that election, my union was promised comprehensive transgender and transsexual health benefits and services following the California general elections this year, November 7, 2006. I fully expect that those benefits and services will be made part of my unions health plans, and that once they are in place, they will be able to more easily be taken up in other states throughout America.
September 28, 2006
GOVERNOR SIGNS BILL TO LIMIT BIAS IN CALIFORNIA COURTROOMS
Measure Limits Use of Anti-Lesbian, Gay, Bisexual and Transgender "Panic" Strategies in Criminal Trials
Sacramento, CA -Governor Schwarzenegger today signed AB 1160, the Gwen Araujo Justice for Victims Act, to address the use of so-called "panic defense" strategies, whereby criminal defendants attempt to reduce their culpability for violent crimes by claiming that they "panicked" upon discovering a victim's sexual orientation or gender identity.
Authored by Assemblymember Sally Lieber (D-San Jose) and sponsored by Equality California (EQCA), the bill directs the Office of Emergency Services to create training materials for district attorneys on best practices to address the use of bias-motivated defense strategies in criminal trials. The bill also requires the Judicial Council to adopt a jury instruction that tells jurors not to consider bias against people because of sexual orientation, gender identity or other characteristics in rendering a verdict.
"The enactment of this bill will help keep bias and hatred out of our courtrooms," said Assemblymember Lieber. "All Californians -- regardless of gender, sexual orientation, disability, religion or ethnicity -- should be treated fairly by our criminal justice system."
AB 1160 is named in honor of Gwen Araujo, a transgender teen, who was murdered in Newark, California in 2002.
"Since my daughter was killed, my family and I have spent literally thousands of hours working hard to make sure that California is a state where everyone is respected and treated fairly," said Sylvia Guerrero. "The Gwen Araujo Justice for Victims Act will really help us in our work."
"This legislation is an important step forward in the effort to ensure that those who commit hate crimes are properly punished," said EQCA Executive Director, Geoff Kors. "EQCA is proud to have partnered with the Transgender Law Center in crafting and passing this bill and we will work together to monitor its implementation."
In October 2002, Gwen Araujo, a 17-year old teenager from Newark, California, was attending a party when four men discovered that she was transgender. The men beat her to death and then buried her in a shallow grave. On January 27, 2006, three of the four defendants were sentenced in the slaying. On August 25, 2006, a fourth defendant was sentenced to 11 years in California state prison for his role in Araujo's death. "A Girl Like Me: The Gwen Araujo Story" based on Gwen's life, premiered in June, 2006 on Lifetime Television.