Assembly Actions -
Senate Actions - UPPERCASE
|Jan 06, 2016
referred to codes
|Jan 07, 2015
referred to codes
Senate Bill S499
2015-2016 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2015-S499 (ACTIVE) - Details
2015-S499 (ACTIVE) - Sponsor Memo
BILL NUMBER: S499 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
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
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.