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Assembly Bill A9705

2017-2018 Legislative Session

Relates to limiting the extreme emotional disturbance affirmative defense

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Archive: Last Bill Status - In Assembly Committee

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2017-A9705 (ACTIVE) - Details

See Senate Version of this Bill:
S8163
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§125.25, 125.26 & 125.27, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A2400, S2987

2017-A9705 (ACTIVE) - Summary

Limits the extreme emotional disturbance affirmative defense by removing the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender or sex assigned at birth from the defense.

2017-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

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