senate Bill S6573

Signed By Governor
2019-2020 Legislative Session

Relates to affirmative defenses for certain homicide offenses

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 30, 2019 signed chap.45
Jun 28, 2019 delivered to governor
Jun 19, 2019 returned to senate
passed assembly
ordered to third reading rules cal.537
substituted for a8375
referred to codes
delivered to assembly
passed senate
Jun 18, 2019 ordered to third reading cal.1659
Jun 16, 2019 referred to rules

Co-Sponsors

S6573 (ACTIVE) - Details

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

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.

S6573 (ACTIVE) - Sponsor Memo

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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