Assembly Actions -
Senate Actions - UPPERCASE
|Jun 30, 2019||
|Jun 28, 2019||
delivered to governor
|Jun 19, 2019||
returned to senate
ordered to third reading rules cal.537
substituted for a8375
referred to codes
delivered to assembly
|Jun 18, 2019||
ordered to third reading cal.1659
|Jun 16, 2019||
referred to rules
Senate Bill S6573Signed By Governor
2019-2020 Legislative Session
Archive: Last Bill Status - Signed by Governor
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S6573 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§125.25 - 125.27, Pen L
2019-S6573 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6573 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the penal law, in relation to affirma- tive defenses to certain homicide offenses PURPOSE OF THE BILL: This bill would prohibit a defendant from being able to ask a jury to find that a victim's actual or perceived gender, gender identity, gender expression, or sexual orientation is to blame for a defendant's homici- dal conduct. EXISTING LAW: Currently, there is no statute preventing a defendant from claiming that he acted in an extreme emotional disturbance or, his/her acts were justified because they were based on their discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation.
2019-S6573 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6573 2019-2020 Regular Sessions I N S E N A T E June 16, 2019 ___________ Introduced by Sen. HOYLMAN -- (at request of the Governor) -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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