Art. 1. (Definitions)
1. For the purposes of this law:
a) sex means biological or anagraphic sex;
b) gender means any external manifestation of a person that is in accordance with or in contrast with social expectations related to sex;
c) sexual orientation means sexual or emotional attraction towards persons of the opposite sex, the same sex, or both sexes;
d) gender identity means the perceived and expressed identification of oneself in relation to gender, even if it does not correspond to sex, regardless of having completed a transition process.
Art. 2.
(Amendments to Article 604-bis of the Criminal Code)
1. The following amendments are made to Article 604-bis of the Criminal Code: a) the following words are added at the end of the first paragraph, letter a): "or based on sex, gender, sexual orientation, gender identity or disability"; b) the following words are added at the end of the first paragraph, letter b): "or based on sex, gender, sexual orientation, gender identity or disability"; c) the following words are added at the end of the second paragraph, first sentence: "or based on sex, gender, sexual orientation, gender identity or disability"; d) the heading is replaced by the following: "Propaganda of ideas based on racial or ethnic superiority or hatred, incitement to crime and discriminatory and violent acts for racial, ethnic, religious reasons or based on sex, gender, sexual orientation, gender identity or disability".
Art. 3.
(Amendment to Article 604-ter of the Criminal Code)
1. In Article 604-ter, first paragraph, of the Criminal Code, after the words: "or religious," the following is inserted: "or for reasons based on sex, gender, sexual orientation, gender identity or disability.".
Art. 4.
(Pluralism of ideas and freedom of choice)
1. For the purposes of this law, the free expression of beliefs or opinions as well as legitimate conduct attributable to the pluralism of ideas or freedom of choice are safeguarded, provided that they are not capable of determining the concrete danger of committing discriminatory or violent acts.
Art. 5.
(Amendments to Legislative Decree No. 122 of April 26, 1993)
1. The following amendments are made to Legislative Decree No. 122 of 26 April 1993, converted, with amendments, by Law No. 205 of 25 June 1993:
a) in Article 1:
1) in paragraph 1-bis, subparagraph, the words: "crimes provided for by Article 3 of Law No. 654 of 13 October 1975" are replaced by the following: "crimes referred to in Article 604-bis of the Criminal Code or for a crime aggravated by the circumstance referred to in Article 604-ter of the same Code";
2) paragraph 1-ter is replaced by the following: "1-ter. In the event of a conviction for one of the crimes indicated in paragraph 1-bis, the conditional suspension of the sentence may be made conditional, if the convicted person does not object, on the performance of unpaid work for the benefit of the community as provided for in paragraphs 1-quater, 1-quinquies and 1-sexies. For the same crimes, in cases where the defendant requests suspension of the proceedings with probation, community service shall be understood as being what is provided for in paragraphs 1-quater, 1-quinquies and 1-sexies."
3) in paragraph 1-quater: 3.1) the words: « , to be carried out at the end of the serving of the prison sentence for a maximum period of twelve weeks, must be » are replaced by the following: « is »; 3.2) after the word: « judge » the following are inserted: « , taking into account the reasons that determined the conduct, »;
4) in paragraph 1-quinquies, the words: « or non-EU citizens » are replaced by the following: « , foreigners or in favour of associations for the protection of victims of the crimes referred to in article 604-bis of the penal code »;
5) in the heading, after the word: "religious" the following is inserted: "or based on sex, gender, sexual orientation, gender identity or disability"; b) in the title, the words: "and religious" are replaced by the following: ", religious or based on sex, gender, sexual orientation, gender identity or disability".
2. The implementation of paragraph 1 must not result in new or increased burdens on public finances.
3. Within sixty days of the date of entry into force of this law, a regulation adopted by decree of the Minister of Justice pursuant to Article 17, paragraph 3, of Law No. 400 of 23 August 1988 shall determine, in compliance with the provisions of paragraph 2, the procedures for carrying out unpaid activities for the benefit of the community, referred to in Article 1 of Legislative Decree No. 122 of 26 April 1993, converted, with amendments, by Law No. 205 of 25 June 1993, as amended by paragraph 1 of this article.
Art. 6.
(Amendment to Article 90-quater of the Code of Criminal Procedure)
1. In Article 90-quater, paragraph 1, second sentence, of the Code of Criminal Procedure, after the words: "racial hatred" the following are inserted: "or based on sex, gender, sexual orientation or gender identity".
Art. 7.
(Establishment of the National Day Against Homophobia, Lesbophobia, Biphobia, and Transphobia)
1. The Republic recognizes May 17 as the National Day against Homophobia, Lesbophobia, Biphobia, and Transphobia, in order to promote a culture of respect and inclusion as well as to combat prejudice, discrimination, and violence based on sexual orientation and gender identity, in implementation of the principles of equality and equal social dignity enshrined in the Constitution.
2. The Day referred to in paragraph 1 does not determine any reduction in the working hours of public offices nor, if it falls on a weekday, does it constitute a holiday or entail a reduction in hours for schools of all levels, pursuant to Articles 2 and 3 of Law No. 54 of 5 March 1977.
3. On the occasion of the National Day against Homophobia, Lesbophobia, Biphobia, and Transphobia, ceremonies, meetings, and any other initiative useful for achieving the purposes referred to in paragraph 1 shall be organized. Schools, in compliance with the three-year educational offering plan referred to in paragraph 16 of Article 1 of Law No. 107 of 13 July 2015 and the educational co-responsibility pact, as well as other public administrations, shall provide the activities referred to in the previous paragraph, compatibly with the resources available under current legislation and, in any case, without new or increased burdens on public finances.
Art. 8.
(Amendments to Legislative Decree No. 215 of July 9, 2003, on the prevention and fight against discrimination based on sexual orientation and gender identity)
1. In Article 7 of Legislative Decree No. 215 of 9 July 2003, the following is inserted after paragraph 2: "2-bis. Within the scope of the responsibilities referred to in paragraph 2, the Office shall develop, every three years, a national strategy for the prevention and combating of discrimination based on sexual orientation and gender identity. The strategy shall define objectives and identify measures relating to education and training, employment, security, including with regard to prison conditions, communication, and the media. The strategy shall be developed within the framework of ongoing consultation with local administrations, trade organizations, and associations committed to combating discrimination based on sexual orientation and gender identity, and shall identify specific interventions aimed at preventing and combating the emergence of violence and discrimination based on sexual orientation and gender identity. 2-ter. The competent public administrations shall implement the measures and specific interventions referred to, respectively, in the second and third periods of paragraph 2-bis, compatibly with the resources available under current legislation and, in any case, without new or increased burdens on public finances.«
Art. 9.
(Amendment to Article 105-quater of Legislative Decree No. 34 of May 19, 2020, converted, with amendments, by Law No. 77 of July 17, 2020, regarding centers against discrimination based on sexual orientation or gender identity)
1. In Article 105-quater, paragraph 2, of Legislative Decree no. 34 of 19 May 2020, converted, with amendments, by Law no. 77 of 17 July 2020, the words: "of discrimination or violence based on sexual orientation or gender identity" are replaced by the following: "of the crimes provided for in Article 604-bis of the Criminal Code, committed for reasons based on the sexual orientation or gender identity of the victim, or of a crime aggravated, for the same reasons, by the circumstance referred to in Article 604-ter of the Criminal Code".
Art. 10.
(Statistics on discrimination and violence)
1. For the purposes of verifying the application of this law and designing and implementing policies to combat discrimination and violence based on race, ethnicity, nationality, or religion, or based on sexual orientation or gender identity, and monitoring prevention policies, the National Institute of Statistics, within its institutional resources and responsibilities, after consulting with the Observatory for Security against Discriminatory Acts (OSCAD), shall ensure the conduct of a statistical survey at least every three years. The survey must also measure opinions, discrimination and violence experienced, and the characteristics of those most at risk, according to the questions contained in the Survey on Discrimination conducted by the National Institute of Statistics since 2011.