senate Bill S8163

2017-2018 Legislative Session

Relates to limiting the extreme emotional disturbance affirmative defense

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 11, 2018 referred to codes

S8163 (ACTIVE) - Details

See Assembly Version of this Bill:
A9705
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§125.25, 125.26 & 125.27, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S2987, A2400

S8163 (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.

S8163 (ACTIVE) - Sponsor Memo

S8163 (ACTIVE) - Bill Text download pdf 


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8163

                            I N  S E N A T E

                             April 11, 2018
                               ___________

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  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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