-  This bill is not active in this session.
 

A08375 Summary:

BILL NOA08375
 
SAME ASSAME AS S06573
 
SPONSORO'Donnell
 
COSPNSREnglebright, Woerner, Cruz, Carroll, Bronson, Lupardo, Reyes, Dinowitz, Buchwald, DenDekker, Otis, Zebrowski, Simon, Weprin, Griffin, Simotas, Glick, Lifton, Barrett, Niou, Gottfried, Barnwell, Seawright, Jaffee, Fernandez, Jacobson, McMahon, Quart, Wallace
 
MLTSPNSR
 
Amd 125.25 - 125.27, Pen L
 
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.
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A08375 Actions:

BILL NOA08375
 
06/15/2019referred to codes
06/17/2019reported referred to rules
06/18/2019reported
06/18/2019rules report cal.537
06/18/2019ordered to third reading rules cal.537
06/19/2019substituted by s6573
 S06573 AMEND= HOYLMAN
 06/16/2019REFERRED TO RULES
 06/18/2019ORDERED TO THIRD READING CAL.1659
 06/19/2019PASSED SENATE
 06/19/2019DELIVERED TO ASSEMBLY
 06/19/2019referred to codes
 06/19/2019substituted for a8375
 06/19/2019ordered to third reading rules cal.537
 06/19/2019passed assembly
 06/19/2019returned to senate
 06/28/2019DELIVERED TO GOVERNOR
 06/30/2019SIGNED CHAP.45
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A08375 Committee Votes:

CODES Chair:Lentol DATE:06/17/2019AYE/NAY:17/3 Action: Favorable refer to committee Rules
LentolAyeRaAye
SchimmingerAbsentGiglioNay
PretlowAyeMontesanoNay
CookAyeMorinelloAye
CymbrowitzAyePalumboNay
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAbsent
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

RULES Chair:Gottfried DATE:06/18/2019AYE/NAY:25/0 Action: Favorable
HeastieExcusedKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchExcused
GanttExcusedBarclayAye
NolanExcusedRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinExcused
TitusExcused
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

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A08375 Floor Votes:

There are no votes for this bill in this legislative session.
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A08375 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8375
 
SPONSOR: O'Donnell
  TITLE OF BILL: An act to amend the penal law, in relation to affirma- tive defenses to certain homicide offenses   PURPOSE OR GENERAL IDEA OF BILL: To clarify that, for the purposes of the "extreme emotional disturbance" affirmative defense that may, in some instances, reduce a homicide charge from murder to manslaughter, it is a not an available explanation or excuse when the defendant's conduct resulted from the discovery of the victim's sexual orientation, sex, gender, gender identity, gender expression or sex assigned at birth.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends paragraph (a) of subdivision 1 of section 125.25 of the Penal Law to clarify that, for the purposes of the "extreme emotional disturbance" affirmative defense that may, in some instances, reduce a homicide charge from murder to manslaughter, it is a not a reasonable explanation or excuse when the defendant's conduct resulted from the discovery of the victim's sexual orientation, sex, gender, gender identity, gender expression or sex assigned at birth. Section 2 amends paragraph (a) of subdivision 3 of section 125.26 of the Penal Law to clarify that, for the purposes of the "extreme emotional disturbance" affirmative defense that may, in some instances, reduce a homicide charge from murder to manslaughter, it is a not a reasonable explanation or excuse when the defendant's conduct resulted from the discovery of the victim's sexual orientation, sex, gender, gender iden- tity, gender expression or sex assigned at birth. Section 3 amends paragraph (a) of subdivision 2 of section 125.27 of the Penal Law to clarify that, for the purposes of the "extreme emotional disturbance" affirmative defense that may, in some instances, reduce a homicide charge from murder to manslaughter, it is a not a reasonable explanation or excuse when the defendant's conduct resulted from the discovery of the victim's sexual orientation, sex, gender, gender iden- tity, gender expression or sex assigned at birth. Section 4 provides that the legislation will take effect immediately.   JUSTIFICATION: In August 2013, the American Bar Association approved 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 homicidal acts on the grounds that the victim's sexual orien- tation, sex, gender, gender identity, gender expression or sex assigned at birth played a role in causing the crime to be committed. Under current New York State law, the Penal Law provides an affirmative defense that may reduce the crime of murder 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 may allow prosecution of certain violent homi- cidal acts - acts which would otherwise meet the elements of murder -- as lesser homicide crimes. Such a result should not be permitted when the defendant's actions resulted from the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender, gender iden- tity, gender expression or sex assigned at birth.   PRIOR LEGISLATIVE HISTORY: A.5467 (2015-16); A.5001 (2017-18)   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately
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A08375 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8375
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 15, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Codes
 
        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:

     1    Section 1. Paragraph (a) of subdivision 1 of  section  125.25  of  the
     2  penal  law, as amended by chapter 791 of the laws of 1967, is amended to
     3  read as follows:
     4    (a) (i) The defendant acted under the influence of  extreme  emotional
     5  disturbance  for which there was a reasonable explanation or excuse, the
     6  reasonableness of which is to be determined  from  the  viewpoint  of  a
     7  person  in  the  defendant's  situation  under  the circumstances as the
     8  defendant believed them to be.   Nothing  contained  in  this  paragraph
     9  shall  constitute  a  defense  to  a  prosecution  for,  or  preclude  a
    10  conviction of, manslaughter in the first degree or any other crime. (ii)
    11  It shall not be a "reasonable explanation or excuse" pursuant to subpar-
    12  agraph (i) of this paragraph when the defendant's conduct resulted  from
    13  the  discovery,  knowledge  or  disclosure of the victim's sexual orien-
    14  tation, sex, gender, gender identity, gender expression or sex  assigned
    15  at birth; or
    16    §  2.  Paragraph  (a)  of subdivision 3 of section 125.26 of the penal
    17  law, as added by chapter 765 of the laws of 2005,  such  subdivision  as
    18  renumbered  by  chapter  482  of the laws of 2009, is amended to read as
    19  follows:
    20    (a) (i) The defendant acted under the influence of  extreme  emotional
    21  disturbance  for which there was a reasonable explanation or excuse, the
    22  reasonableness of which is to be determined  from  the  viewpoint  of  a
    23  person  in  the  defendant's  situation  under  the circumstances as the
    24  defendant believed them to be. Nothing contained in this paragraph shall
    25  constitute a defense to a prosecution for, or preclude a conviction  of,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13325-04-9

        A. 8375                             2
 
     1  aggravated  manslaughter  in the first degree, manslaughter in the first
     2  degree or any other crime except murder in the second  degree.  (ii)  It
     3  shall  not  be a "reasonable explanation or excuse" pursuant to subpara-
     4  graph  (i)  of this paragraph when the defendant's conduct resulted from
     5  the discovery, knowledge or disclosure of  the  victim's  sexual  orien-
     6  tation,  sex, gender, gender identity, gender expression or sex assigned
     7  at birth; or
     8    § 3. Paragraph (a) of subdivision 2 of section  125.27  of  the  penal
     9  law,  as added by chapter 367 of the laws of 1974, is amended to read as
    10  follows:
    11    (a) (i) The defendant acted under the influence of  extreme  emotional
    12  disturbance  for which there was a reasonable explanation or excuse, the
    13  reasonableness of which is to be determined  from  the  viewpoint  of  a
    14  person  in  the  defendant's  situation  under  the circumstances as the
    15  defendant believed them to be.   Nothing  contained  in  this  paragraph
    16  shall  constitute  a  defense  to  a  prosecution  for,  or  preclude  a
    17  conviction of, manslaughter in the  first  degree  or  any  other  crime
    18  except  murder  in the second degree. (ii) It shall not be a "reasonable
    19  explanation or excuse" pursuant to subparagraph (i)  of  this  paragraph
    20  when  the  defendant's conduct resulted from the discovery, knowledge or
    21  disclosure of the victim's sexual orientation, sex, gender, gender iden-
    22  tity, gender expression or sex assigned at birth; or
    23    § 4. This act shall take effect immediately.
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A08375 LFIN:

 NO LFIN
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A08375 Chamber Video/Transcript:

6-19-19Video (@ 06:43:49)Transcript pdf Transcript html
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