senate Bill S7048

2013-2014 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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 21, 2014 referred to codes

S7048 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง125.25, Pen L

S7048 - Summary

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

S7048 - Sponsor Memo

S7048 - Bill Text download pdf

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

                                  7048

                            I N  S E N A T E

                             April 21, 2014
                               ___________

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.
                                                           LBD14068-01-4

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