Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2020 | referred to codes |
Jan 22, 2019 | referred to codes |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Co-Sponsors
Monica P. Wallace
Felix Ortiz
Andrew Hevesi
Rebecca Seawright
Multi-Sponsors
Harry B. Bronson
Vivian Cook
Carmen De La Rosa
Anthony D'Urso
A2400 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§125.25, 125.26 & 125.27, Pen L
- Versions Introduced in 2017-2018 Legislative Session:
-
A9705
A2400 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2400 2019-2020 Regular Sessions I N A S S E M B L Y January 22, 2019 ___________ Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. BRON- SON, COOK, DE LA ROSA, D'URSO, ENGLEBRIGHT, GALEF, HUNTER, MOSLEY, PHEFFER AMATO, D. ROSENTHAL, SIMON, STIRPE, TAYLOR, WALLACE, ZEBROWSKI -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to limiting the extreme emotional disturbance affirmative defense 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, PROVIDED, HOWEVER, IT SHALL NOT BE AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT ACTED UNDER THE INFLUENCE OF EXTREME EMOTIONAL DISTURBANCE UPON THE DISCOVERY, KNOWLEDGE OR DISCLO- SURE OF THE VICTIM'S SEXUAL ORIENTATION, SEX, GENDER OR SEX ASSIGNED AT BIRTH. 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. Paragraph (a) of subdivision 3 of section 125.26 of the penal law, as added by chapter 765 of the laws of 2005 and such subdivision as renumbered by chapter 482 of the laws of 2009, 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, PROVIDED, HOWEVER, IT SHALL NOT BE AN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.