Bill Text: NY S07048 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 7048 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-04-21 - REFERRED TO CODES [S07048 Detail]

Download: New_York-2013-S07048-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7048
                                   I N  S E N A T E
                                    April 21, 2014
                                      ___________
       Introduced  by  Sen. HOYLMAN -- 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:
    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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14068-01-4