NY State Senate Bill 2017-S50

Senate Bill S50

2017-2018 Legislative Session

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

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

co-Sponsors

2017-S50 (ACTIVE) - Details

See Assembly Version of this Bill:: A5001
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §125.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7048
2015-2016: S499, A5467
2019-2020: S3293, A2707

2017-S50 (ACTIVE) - Summary

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

2017-S50 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S50

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

To clarify that, for the purposes of the "extreme emotional
disturbance" defense to the crime of murder in the second degree, it
is not a reasonable explanation or excuse that the violent act was
triggered by a nonviolent sexual advance by the victim or the
discovery of the victim's sexual orientation or gender identity.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends paragraph (a) of subdivision 1 of section
125.25 of the penal law, as amended by chapter 791 of the laws of
1967, to clarify that 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 an affirmative defense to second
degree murder.

Section 2 of the bill states that the bill shall take effect

immediately.

 JUSTIFICATION :

In August 2013, the American Bar Association passed a resolution
urging state governments to take legislative action to curtail the
availability and effectiveness of so-called "gay panic" and "trans
panic" defenses. Such defenses effectively excuse or mitigate serious
violent crimes on the grounds that the victim's sexual orientation or
gender identity played a role in causing the crime to be committed.

Under current New York State law, the penal law provides an
affirmative defense to the crime of murder in the second degree, when
the defendant acts under the influence of extreme emotional
disturbance for which there is 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. This affirmative defense allows violent
acts that may otherwise meet the elements of murder in the second
degree to be prosecuted as lesser crimes.

 PRIOR LEGISLATIVE HISTORY :

S.499 of 2015-2016 (Hoylman): Died in Codes
A.5467 of 2015-2016 (O'Donnell): Died in Codes
S.7048 of 2014 (Hoylman): Died in Codes

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S50 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    50
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05318-01-7

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Senate Bill S50

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Sponsored By

Brad Hoylman-Sigal