Madison Reporter

A bill authored by State Sen. Kelda Roys of the Wisconsin Senate seeks to prevent defendants from using gender identity or sexual orientation biases as legal defenses in criminal cases, according to the Wisconsin State Senate.

According to the Wisconsin State Legislature's official website, the bill was described as follows: "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".

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill eliminates certain criminal defenses related to gender identity and sexual orientation. Specifically, it disallows defendants from using adequate provocation or self-defense as a legal justification in cases where the crime was motivated by the victim's gender identity, gender expression, or sexual orientation. This includes instances where the victim made a nonviolent romantic or sexual advance toward the defendant or was in a romantic or sexual relationship with the defendant. Additionally, the bill amends the definition of mental disease or defect in criminal cases, stating that it cannot include conditions resulting from the victim's gender identity or sexual orientation disclosure. These changes aim to remove the acceptance of biases against LGBTQ+ identities as valid defense strategies in legal proceedings. The bill applies to offenses committed on or after its effective date.

The bill was co-authored by Rep. Greta Neubauer (Democrat-66th District), Sen. Kristin Dassler-Alfheim (Democrat-18th District), Sen. Dora E. Drake (Democrat-4th District), Sen. Jodi Habush Sinykin (Democrat-8th District), and Sen. Dianne H. Hesselbein (Democrat-27th District). It was co-sponsored by Rep. Clinton M. Anderson (Democrat-45th District), Rep. Margaret Arney (Democrat-18th District), and Rep. Mike Bare (Democrat-80th District), along with 37 other co-sponsors.

Kelda Roys has authored or co-authored another 58 bills since the beginning of the 2025 session, with none of them being enacted.

Roys graduated from New York University in 2000 with a BA and again in 2004 from University of Wisconsin Law School with a JD.

Roys, a Democrat, was elected to the Wisconsin State Senate in 2021 to represent the state's 26th Senate district, replacing previous state senator Fred Risser.

In Wisconsin, the legislative process starts when a senator, constituent, group, or agency proposes an idea for a bill. After drafting, the bill is introduced, numbered, and referred to a committee for review and public input. If approved, it moves through three readings and votes in both the Senate and Assembly. Once both chambers pass the same version, the bill goes to the governor, who can sign it, veto it, or let it become law without a signature. Only a small share of bills introduced each session ultimately become law. You can learn more about the Wisconsin legislative process here.

Bill Number	Date Introduced	Short Description
SB380	07/28/2025	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
SB345	06/27/2025	Requiring vehicles to stop for pedestrians at certain intersections and crosswalks
SB344	06/27/2025	A refundable income tax credit for bicycle purchases and making an appropriation. (FE)
SB342	06/27/2025	Coverage of treatment for mental health or substance use disorders under health insurance policies and plans
SB322	06/12/2025	A Department of Children and Families program to make payments to child care programs, granting rule-making authority, and making an appropriation. (FE)
SB314	06/04/2025	The pupil participation limit in the state parental choice program
SB301	06/02/2025	Rehired annuitants. (FE)
SB271	05/21/2025	Right to bodily autonomy, elimination of certain abortion-related regulations, and coverage of abortion under certain health care coverage plans. (FE)
SB268	05/20/2025	Prohibiting corporal punishment in public and private schools
SB247	05/09/2025	Local and private regulation of accessory dwelling units. (FE)