assembly Bill A8375

Signed By Governor
2019-2020 Legislative Session

Relates to affirmative defenses for certain homicide offenses

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Sponsored By

Current Bill Status Via S6573 - Signed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 30, 2019 signed chap.45
Jun 28, 2019 delivered to governor
Jun 19, 2019 returned to senate
passed assembly
ordered to third reading rules cal.537
substituted for a8375
Jun 19, 2019 substituted by s6573
Jun 18, 2019 ordered to third reading rules cal.537
rules report cal.537
reported
Jun 17, 2019 reported referred to rules
Jun 15, 2019 referred to codes

Co-Sponsors

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A8375 (ACTIVE) - Details

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

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.

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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