Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2019 |
recommit, enacting clause stricken |
Jun 15, 2019 |
referred to rules |
Senate Bill S6543
2019-2020 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - Stricken
- 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
Actions
co-Sponsors
(D) 42nd Senate District
2019-S6543 (ACTIVE) - Details
2019-S6543 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6543 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the penal law, in relation to affirma- tive defenses to certain homicide offenses SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends paragraph (a) of subdivision 1 of section 125.25 of the Penal Law (Murder in the Second Degree) to clarify that it shall not be a "reasonable explanation or excuse" for the purposes of the affirmative defense of extreme emotional disturbance that a defend- ant's conduct resulted from the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender, gender identity, expression or sex assigned at birth. Section 2 of the bill amends similar language in section 125.26 of the Penal Law (Aggravated Murder). Section 3 of the bill amends similar language in section 125.27 of the Penal Law (Murder in the First Degree).
2019-S6543 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6543 2019-2020 Regular Sessions I N S E N A T E June 15, 2019 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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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