What's happening
This bill prevents defendants from using a non-violent sexual advance or discovery of someone's sexual orientation or gender identity as a legal excuse for murder under the extreme emotional disturbance defense.
Why it matters
Closes a legal loophole that has historically allowed defendants to claim “extreme emotional disturbance” as a justification for violent acts—specifically murder—when confronted with a non-violent sexual advance or learning someone’s sexual orientation or gender identity. This directly targets so-called “gay panic” or “trans panic” defenses.
Signals societal recognition that homophobia or transphobia cannot serve as a reasonable basis for reducing culpability in violent crimes. The bill aims to ensure that biases or prejudices are not given legal weight in the justice system.
May provide greater protection and affirmation for LGBTQ+ individuals by making it clear that their identities or harmless advances cannot be used against them in court by perpetrators of violence. This could help foster a climate of increased safety and respect for LGBTQ+ communities.
Could influence jury decisions and prosecutorial strategies, as defendants will no longer be able to argue that their violent reaction was “reasonable” due to these specific circumstances. This may lead to more appropriate charges and convictions in relevant cases.
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Who cares
Headline styles
Ban 'Panic' Defense for Murder
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban 'Gay Panic' Defense
In Senate Committee · Codes · Sponsor Brad Hoylman-Sigal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, 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) 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. 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 used in this paragraph. 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; or
§ 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.