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A05001 Summary:

BILL NOA05001
 
SAME ASSAME AS S00050
 
SPONSORO'Donnell
 
COSPNSRSimotas, Simon, Lifton, Pellegrino, Glick
 
MLTSPNSR
 
Amd 125.25, Pen L
 
Restricts the nature of extreme emotional disturbance as an affirmative defense to a charge of murder in the second degree.
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A05001 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5001
 
SPONSOR: O'Donnell
  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 non- violent 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 is the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): None.   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: A5467 (2015-16)   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A05001 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5001
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        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 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:
 
     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) 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.  A  non-violent  sexual  advance  or  the
     9  discovery  of  a person's sexual orientation or gender identity does not
    10  constitute a "reasonable explanation or excuse" as used  in  this  para-
    11  graph. Nothing contained in this paragraph shall constitute a defense to
    12  a  prosecution  for,  or  preclude  a conviction of, manslaughter in the
    13  first degree or any other crime; or
    14    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05318-01-7
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