The New York State Senate

                    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

                      [ ] is old law to be omitted.
                                                           LBD14569-02-8

A. 9705                             2

manslaughter  in  the  first degree, manslaughter in the first degree or
any other crime except murder in the second degree; or
  §  3.  Paragraph  (a)  of subdivision 2 of section 125.27 of the penal
law, as added by chapter 367 of the laws of 1974, 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 except murder in the second degree; or
  § 4. This act shall take effect immediately.