Assembly Actions -
Senate Actions - UPPERCASE
|Jan 03, 2018||
referred to codes
|Jan 04, 2017||
referred to codes
Senate Bill S50
2017-2018 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
2017-S50 (ACTIVE) - Details
2017-S50 (ACTIVE) - Sponsor Memo
BILL NUMBER: S50 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
2017-S50 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 50 2017-2018 Regular Sessions I N S E N A T E (PREFILED) January 4, 2017 ___________ 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 § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05318-01-7
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