What's happening
This bill prohibits using a non-violent sexual advance or discovery of someone's sexual orientation or gender identity as a defense for murder based on extreme emotional disturbance.
Why it matters
Closes a legal loophole. that has historically allowed defendants to use a victim’s sexual orientation or gender identity—or a non-violent sexual advance—as a justification for murder under the “extreme emotional disturbance” defense, potentially leading to reduced charges or sentences.
Signals societal disapproval. of “panic” defenses, reinforcing that bias or discomfort about someone’s sexual orientation or gender identity cannot excuse or mitigate violent acts, thus supporting equal treatment under the law.
Aims to improve safety and justice for LGBTQ+ individuals. by ensuring courts cannot legitimize violence against them based on prejudice or emotional reactions, which has been a concern in past high-profile cases.
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Who cares
Headline styles
End Gay and Trans Panic Defense
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 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.
LBD03014-01-9
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.