Senate Bill S499

2015-2016 Legislative Session

Restricts the nature of extreme emotional disturbance as an affirmative defense to a charge of murder in the second degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S499 (ACTIVE) - Details

See Assembly Version of this Bill:
A5467
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง125.25, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7048
2017-2018: S50, A5001
2019-2020: S3293, A2707

2015-S499 (ACTIVE) - Summary

Restricts the nature of extreme emotional disturbance as an affirmative defense to a charge of murder in the second degree.

2015-S499 (ACTIVE) - Sponsor Memo

2015-S499 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   499

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to restricting the nature  of
  extreme emotional disturbance as an affirmative defense to a charge of
  murder in the second degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of  section  125.25  of  the
penal  law, as amended by chapter 791 of the laws of 1967, is amended to
read as follows:
  (a) The defendant acted  under  the  influence  of  extreme  emotional
disturbance  for which there was a reasonable explanation or excuse, the
reasonableness of which is to be determined  from  the  viewpoint  of  a
person  in  the  defendant's  situation  under  the circumstances as the
defendant believed them to be.  A  NON-VIOLENT  SEXUAL  ADVANCE  OR  THE
DISCOVERY  OF  A PERSON'S SEXUAL ORIENTATION OR GENDER IDENTITY DOES NOT
CONSTITUTE A "REASONABLE EXPLANATION OR EXCUSE" AS USED  IN  THIS  PARA-
GRAPH. Nothing contained in this paragraph shall constitute a defense to
a  prosecution  for,  or  preclude  a conviction of, manslaughter in the
first degree or any other crime; or
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01874-01-5

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