What's happening
This bill prohibits defendants from using a victim's sexual orientation, sex, gender, or sex assigned at birth as a basis for an extreme emotional disturbance defense in murder or manslaughter cases.
Why it matters
Closes a legal loophole that previously allowed defendants to argue that discovering a victim’s sexual orientation, gender identity, or sex assigned at birth triggered “extreme emotional disturbance,” which could reduce charges or sentences for violent crimes.
Directly addresses and aims to prevent the so-called “gay/trans panic defense,” which has historically been used to justify or excuse violence against LGBTQ+ individuals, sending a clear message that bias or prejudice is not a valid excuse for violent acts.
Reinforces the legal recognition and protection of LGBTQ+ individuals by ensuring that their identity cannot be used against them in court as a rationale for lessening a perpetrator’s culpability in homicide and manslaughter cases.
May influence broader social attitudes by affirming that the justice system will not tolerate defenses rooted in discrimination, potentially supporting greater trust in the legal process among marginalized communities.
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Who cares
Headline styles
Ban LGBTQ Panic Defense
Plain English, a few words. Used as the page title.
Sponsors
History
- Recommit, enacting clause stricken
- Advanced to third reading
- 2nd report cal.
- 1st report cal.582
- 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 LGBTQ Panic Defense
In Assembly Committee · Codes · Sponsor Brian Barnwell
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2987
2019-2020 Regular Sessions
IN SENATE
January 31, 2019
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 limiting the extreme emotional disturbance affirmative defense
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, provided, however, it shall not be an affirmative defense that the defendant acted under the influence of extreme emotional disturbance upon the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender or sex assigned at birth. 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. Paragraph (a) of subdivision 3 of section 125.26 of the penal law, as added by chapter 765 of the laws of 2005 and such subdivision as renumbered by chapter 482 of the laws of 2009, 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, provided, however, it shall not be an affirmative defense that the defendant acted under the influence of extreme emotional disturbance upon the discovery, knowledge or disclo-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02215-01-9
S. 2987 2
sure of the victim's sexual orientation, sex, gender or sex assigned at birth. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, aggravated manslaughter in the first degree, manslaughter in the first degree or any other crime except murder in the second degree; or
§ 3. Paragraph (a) of subdivision 2 of section 125.27 of the penal law, as added by chapter 367 of the laws of 1974, 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, provided, however, it shall not be an affirmative defense that the defendant acted under the influence of extreme emotional disturbance upon the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender or sex assigned at birth. 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 except murder in the second degree; or
§ 4. This act shall take effect immediately.
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 limiting the extreme emotional disturbance affirmative defense
Purpose
to not allow bias or discrimination of a victim's sexual orientation, sex, gender, or sex assigned at birth to be used as an affirmative defense in cases of murder.
Summary of provisions
Amends the penal code to not allow the affirmative defense of extreme emotional disturbance when the defendant alleges he/she suffered an extreme emotional disturbance upon the discovery by the defendant of the victim's sexual orientation, sex, gender, or sex assigned at birth, in cases where the crime(s) to be charged consist of the following charge(s): Murder in the Second Degree, Aggravated Murder, Murder in the First Degree.
Justification
Nobody should be able to claim they suffered an extreme emotional disturbance in killing someone because they discovered the victim's sexual orientation, sex, gender, or sex assigned at birth. The charge(s) shouldn't be reduced because of such claim. Allowing this to be an affirmative defense and charge(s) reduced, is the state de-facto recog- nizing this discrimination to be valid. Therefore, this affirmative defense should not be allowed.
Legislative history
2018: S.8163 (Hoylman) - Died in Codes
Fiscal impact
None
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.