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S06573 Summary:

S06573 Actions:

S06573 Committee Votes:

S06573 Floor Votes:

S06573 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6573
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      June 16, 2019
                                       ___________
 
        Introduced by Sen. HOYLMAN -- (at request of the Governor) -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Rules
 
        AN  ACT  to  amend the penal law, in relation to affirmative defenses to
          certain homicide offenses
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (a)  of subdivision 1 of section 125.25 of the
     2  penal law, as amended by chapter 791 of the laws of 1967, is amended  to
     3  read as follows:
     4    (a)  (i)  The defendant acted under the influence of extreme emotional
     5  disturbance for which there was a reasonable explanation or excuse,  the
     6  reasonableness  of  which  is  to  be determined from the viewpoint of a
     7  person in the defendant's  situation  under  the  circumstances  as  the
     8  defendant  believed  them  to  be.   Nothing contained in this paragraph
     9  shall  constitute  a  defense  to  a  prosecution  for,  or  preclude  a
    10  conviction of, manslaughter in the first degree or any other crime. (ii)
    11  It shall not be a "reasonable explanation or excuse" pursuant to subpar-
    12  agraph  (i) of this paragraph when the defendant's conduct resulted from
    13  the discovery, knowledge or disclosure of  the  victim's  sexual  orien-
    14  tation,  sex, gender, gender identity, gender expression or sex assigned
    15  at birth; or
    16    § 2. Paragraph (a) of subdivision 3 of section  125.26  of  the  penal
    17  law,  as  added  by chapter 765 of the laws of 2005, such subdivision as
    18  renumbered by chapter 482 of the laws of 2009, is  amended  to  read  as
    19  follows:
    20    (a)  (i)  The defendant acted under the influence of extreme emotional
    21  disturbance for which there was a reasonable explanation or excuse,  the
    22  reasonableness  of  which  is  to  be determined from the viewpoint of a
    23  person in the defendant's  situation  under  the  circumstances  as  the
    24  defendant believed them to be. Nothing contained in this paragraph shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12032-01-9
        S. 6573                             2
 
     1  constitute  a defense to a prosecution for, or preclude a conviction of,
     2  aggravated manslaughter in the first degree, manslaughter in  the  first
     3  degree  or  any  other crime except murder in the second degree. (ii) It
     4  shall  not  be a "reasonable explanation or excuse" pursuant to subpara-
     5  graph (i) of this paragraph when the defendant's conduct  resulted  from
     6  the  discovery,  knowledge  or  disclosure of the victim's sexual orien-
     7  tation, sex, gender, gender identity, gender expression or sex  assigned
     8  at birth; or
     9    §  3.  Paragraph  (a)  of subdivision 2 of section 125.27 of the penal
    10  law, as added by chapter 367 of the laws of 1974, is amended to read  as
    11  follows:
    12    (a)  (i)  The defendant acted under the influence of extreme emotional
    13  disturbance for which there was a reasonable explanation or excuse,  the
    14  reasonableness  of  which  is  to  be determined from the viewpoint of a
    15  person in the defendant's  situation  under  the  circumstances  as  the
    16  defendant  believed  them  to  be.   Nothing contained in this paragraph
    17  shall  constitute  a  defense  to  a  prosecution  for,  or  preclude  a
    18  conviction  of,  manslaughter  in  the  first  degree or any other crime
    19  except murder in the second degree. (ii) It shall not be  a  "reasonable
    20  explanation  or  excuse"  pursuant to subparagraph (i) of this paragraph
    21  when the defendant's conduct resulted from the discovery,  knowledge  or
    22  disclosure of the victim's sexual orientation, sex, gender, gender iden-
    23  tity, gender expression or sex assigned at birth; or
    24    § 4. This act shall take effect immediately.