What's happening
This bill bans using a victim’s sexual orientation, gender identity, or a non-violent sexual advance as a legal excuse for murder.
Why it matters
Closes a legal loophole that previously allowed defendants to claim "extreme emotional disturbance" as a justification for killing someone based on learning their sexual orientation or gender identity, or in response to a non-violent sexual advance.
Helps ensure that bias against LGBTQ+ individuals cannot be used to reduce murder charges to manslaughter, reinforcing equal protection under the law regardless of sexual orientation or gender identity.
May deter hate-motivated violence by making it clear that courts will not accept prejudice or discomfort as a valid excuse for taking someone's life.
Aligns New York law with a growing movement nationally to ban so-called “gay/trans panic” defenses, fostering greater trust in the justice system among marginalized communities.
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Who cares
Headline styles
Ban 'Gay Panic' Defense
Plain English, a few words. Used as the page title.
Sponsors
2 Co-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 'Panic' Defense for Murder
In Assembly Committee · Codes · Sponsor Daniel O'Donnell
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
50
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
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 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.
Sponsor's memo
Title of bill
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
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 reasonable explanation or excuse that the violent act was triggered by a nonviolent 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 states that the bill shall take effect immediately.
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
S.499 of 2015-2016 (Hoylman): Died in Codes A.5467 of 2015-2016 (O'Donnell): Died in Codes S.7048 of 2014 (Hoylman): Died in Codes
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.