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 Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-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

2017-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.

2017-S8163 (ACTIVE) - Sponsor Memo

2017-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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