Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Feb 02, 2018 | referred to codes |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Co-Sponsors
Walter T. Mosley
Kenneth Zebrowski
Vivian Cook
Christine Pellegrino
A9705 (ACTIVE) - Details
A9705 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9705 I N A S S E M B L Y February 2, 2018 ___________ Introduced by M. of A. BARNWELL -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to limiting the extreme emotional disturbance affirmative defense 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, PROVIDED, HOWEVER, IT SHALL NOT BE AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT ACTED UNDER THE INFLUENCE OF EXTREME EMOTIONAL DISTURBANCE UPON THE DISCOVERY, KNOWLEDGE OR DISCLO- SURE OF THE VICTIM'S SEXUAL ORIENTATION, SEX, GENDER OR SEX ASSIGNED AT BIRTH. 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. Paragraph (a) of subdivision 3 of section 125.26 of the penal law, as added by chapter 765 of the laws of 2005 and such subdivision as renumbered by chapter 482 of the laws of 2009, 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, PROVIDED, HOWEVER, IT SHALL NOT BE AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT ACTED UNDER THE INFLUENCE OF EXTREME EMOTIONAL DISTURBANCE UPON THE DISCOVERY, KNOWLEDGE OR DISCLO- SURE OF THE VICTIM'S SEXUAL ORIENTATION, SEX, GENDER OR SEX ASSIGNED AT BIRTH. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, aggravated EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets