Assembly Bill A8375

Signed By Governor
2019-2020 Legislative Session

Relates to affirmative defenses for certain homicide offenses

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6573 - Signed by Governor

  • 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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2019-A8375 (ACTIVE) - Details

See Senate Version of this Bill:
S6573
Law Section:
Penal Law
Laws Affected:
Amd §§125.25 - 125.27, Pen L

2019-A8375 (ACTIVE) - Summary

Provides that it shall not be an affirmative defense for murder that the defendant's conduct resulted substantially from the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender, gender identity, gender expression or sex assigned at birth.

2019-A8375 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8375
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to  affirmative  defenses  to
   certain homicide offenses
 
   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) (I) 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.   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. (II)
 IT SHALL NOT BE A "REASONABLE EXPLANATION OR EXCUSE" PURSUANT TO SUBPAR-
 AGRAPH (I) OF THIS PARAGRAPH WHEN THE DEFENDANT'S CONDUCT RESULTED  FROM
 THE  DISCOVERY,  KNOWLEDGE  OR  DISCLOSURE OF THE VICTIM'S SEXUAL ORIEN-
 TATION, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION OR SEX  ASSIGNED
 AT BIRTH; 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,  such  subdivision  as
 renumbered  by  chapter  482  of the laws of 2009, is amended to read as
 follows:
   (a) (I) 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. Nothing contained in this paragraph shall
 constitute a defense to a prosecution for, or preclude a conviction  of,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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