NY State Senate Bill S3293

Archive: Last Bill Status - Stricken

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2020	recommit, enacting clause stricken
Jan 08, 2020	referred to codes returned to senate died in assembly
Jun 11, 2019	referred to codes delivered to assembly passed senate ordered to third reading cal.1243 committee discharged and committed to rules
Feb 05, 2019	referred to codes

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S3293 (ACTIVE) - Details

See Assembly Version of this Bill:: A2707
Current Committee:
Law Section:: Penal Law
Laws Affected:: Amd §125.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7048
2015-2016: S499, A5467
2017-2018: S50, A5001

S3293 (ACTIVE) - Summary

Restricts the nature of extreme emotional disturbance as an affirmative defense to a charge of murder in the second degree.

S3293 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3293

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the penal law, in relation to
restricting the nature of extreme emotional disturbance as an affirma-
tive defense to a charge of murder in the second degree

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify that, for the purposes of the "extreme emotional disturbance"
defense to the crime of murder in the second degree, it is not a reason-
able explanation or excuse that the violent act was triggered by a
nonviolent sexual advance by the victim or the discovery of the victim's
sexual orientation or gender identity.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends paragraph (a) of subdivision 1 of section
125.25 of the penal law, as amended by chapter 791 of the laws of 1967,
to clarify that a non-violent sexual advance or the discovery of a
person's sexual orientation or gender identity does not constitute a

reasonable explanation or excuse as an affirmative defense to second
degree murder.

Section 2 of the bill states that the bill shall take effect immediate-
ly.

 
JUSTIFICATION:

In August 2013, the American Bar Association passed a resolution urging
state governments to take legislative action to curtail the availability
and effectiveness of so-called "gay panic" and "trans panic" defenses.
Such defenses effectively excuse or mitigate serious violent crimes on
the grounds that the victim's sexual orientation or gender identity
played a role in causing the crime to be committed.

Under current New York State law, the penal law provides an affirmative
defense to the crime of murder in the second degree, when the defendant
acts under the influence of extreme emotional disturbance for which
there is 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.
This affirmative defense allows violent acts that may otherwise meet the
elements of murder in the second degree to be prosecuted as lesser
crimes.

 
PRIOR LEGISLATIVE HISTORY:

S.0499 of 2017-2018 (Hoylman): Died in Codes
A.5001 of 2017-2018 (O'Donnell): Died in Codes
S.499 of 2015-2016 (Hoylman): Died in Codes
A.5467 of 2015-2016 (O'Donnell): Died in Codes
S.7048 of 2014 (Hoylman): Died in Codes

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S3293 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3293

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced  by Sens. HOYLMAN, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to restricting the nature  of
  extreme emotional disturbance as an affirmative defense to a charge of
  murder in the second degree

  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.  A  NON-VIOLENT  SEXUAL  ADVANCE  OR  THE
DISCOVERY  OF  A PERSON'S SEXUAL ORIENTATION OR GENDER IDENTITY DOES NOT
CONSTITUTE A "REASONABLE EXPLANATION OR EXCUSE" AS USED  IN  THIS  PARA-
GRAPH. 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. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03014-01-9

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The New York State Senate

senate Bill S3293

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Archive: Last Bill Status - Stricken

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Votes

Jun 11, 2019 - floor Vote

Floor Vote: Jun 11, 2019

Jun 11, 2019 - Rules committee Vote

Rules Committee Vote: Jun 11, 2019

Co-Sponsors

S3293 (ACTIVE) - Details

S3293 (ACTIVE) - Summary

S3293 (ACTIVE) - Sponsor Memo

S3293 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3293

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Archive: Last Bill Status - Stricken

Your Voice

Actions

Votes

Jun 11, 2019 - floor Vote

Floor Vote: Jun 11, 2019

Jun 11, 2019 - Rules committee Vote

Rules Committee Vote: Jun 11, 2019

Co-Sponsors

S3293 (ACTIVE) - Details

S3293 (ACTIVE) - Summary

S3293 (ACTIVE) - Sponsor Memo

S3293 (ACTIVE) - Bill Text download pdf

Comments