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Assembly Bill A2707

2019-2020 Legislative Session

Restricts the nature of extreme emotional disturbance as an affirmative defense to a charge of murder in the second degree

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Archive: Last Bill Status - In Assembly Committee

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2019-A2707 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §125.25, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5467
2017-2018: A5001

2019-A2707 (ACTIVE) - Summary

Restricts the nature of extreme emotional disturbance as an affirmative defense to a charge of murder in the second degree.

2019-A2707 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2707
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by M. of A. O'DONNELL, SIMOTAS, SIMON, LIFTON, GLICK -- read
   once and referred 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.
                                                            LBD03014-01-9

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