Senate Bill S6573

Signed By Governor
2019-2020 Legislative Session

Relates to affirmative defenses for certain homicide offenses

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

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2019-S6573 (ACTIVE) - Details

See Assembly Version of this Bill:
A8375
Law Section:
Penal Law
Laws Affected:
Amd §§125.25 - 125.27, Pen L

2019-S6573 (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.

2019-S6573 (ACTIVE) - Sponsor Memo

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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