Bill Text: NY A02707 | 2019-2020 | General Assembly | 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 20-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A02707 Detail]
Download: New_York-2019-A02707-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2707 2019-2020 Regular Sessions IN ASSEMBLY January 25, 2019 ___________ Introduced by M. of A. O'DONNELL, SIMOTAS, SIMON, LIFTON, GLICK -- 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. LBD03014-01-9
