Assembly Bill A5467

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 Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2015-A5467 (ACTIVE) - Details

See Senate Version of this Bill:
S499
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง125.25, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7048
2017-2018: A5001, S50
2019-2020: A2707, S3293

2015-A5467 (ACTIVE) - Summary

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

2015-A5467 (ACTIVE) - Bill Text download pdf

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

                                  5467

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2015
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred 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


              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.