What's happening
This bill prohibits defendants from using a victim’s sexual orientation, gender identity, or related characteristics as a justification for extreme emotional disturbance defenses in homicide cases.
Why it matters
Closes a legal loophole. that previously allowed defendants to claim an “extreme emotional disturbance” defense in homicide cases based on learning about a victim’s sexual orientation or gender identity, which could reduce charges or sentences.
Affirms equal protection under the law. by explicitly stating that a victim’s sexual orientation, gender identity, gender expression, or sex assigned at birth cannot be used to justify or excuse violent reactions in court.
Discourages harmful stereotypes. by preventing the legal system from endorsing the idea that LGBTQ+ identity is a provocation for violence, potentially reducing bias and stigma in both courtrooms and society.
Strengthens the legal rights and dignity of LGBTQ+ individuals. , making it clear that their identities cannot be exploited as mitigating factors in violent crimes against them.
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Who cares
Headline styles
Ban LGBTQ Panic Defense
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Recommit, enacting clause stricken
- Referred to rules
Companion bills
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.
End LGBTQ Panic Defense
Assembly Floor Calendar · Sponsor Daniel O'Donnell
Ban Gay Panic Defense
Signed by Governor · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6543
2019-2020 Regular Sessions
IN SENATE
June 15, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to affirmative defenses to certain homicide offenses
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) (i) 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. 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. (ii) It shall not be a "reasonable explanation or excuse" pursuant to subparagraph (i) of this paragraph when the defendant's conduct resulted from the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender, gender identity, gender expression or sex assigned at birth; 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, such subdivision as renumbered by chapter 482 of the laws of 2009, is amended to read as follows:
(a) (i) 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. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13325-04-9
S. 6543 2
aggravated manslaughter in the first degree, manslaughter in the first degree or any other crime except murder in the second degree. (ii) It shall not be a "reasonable explanation or excuse" pursuant to subparagraph (i) of this paragraph when the defendant's conduct resulted from the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender, gender identity, gender expression or sex assigned at birth; 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) (i) 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. 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. (ii) It shall not be a "reasonable explanation or excuse" pursuant to subparagraph (i) of this paragraph when the defendant's conduct resulted from the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender, gender identity, gender expression or sex assigned at birth; 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 affirma- tive defenses to certain homicide offenses
Summary of specific provisions
Section 1 of the bill amends paragraph (a) of subdivision 1 of section 125.25 of the Penal Law (Murder in the Second Degree) to clarify that it shall not be a "reasonable explanation or excuse" for the purposes of the affirmative defense of extreme emotional disturbance that a defend- ant's conduct resulted from the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender, gender identity, expression or sex assigned at birth.
Section 2 of the bill amends similar language in section 125.26 of the Penal Law (Aggravated Murder).
Section 3 of the bill amends similar language in section 125.27 of the Penal Law (Murder in the First Degree).
Section 4 of the bill is the effective date.
Justification
Under current New York State law, the penal law provides an affirmative defense to the crimes of murder in the second degree, aggravated murder, and murder in the first degree when the defendant acts under the influ- ence 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 the aforementioned crimes to be prosecuted as lesser crimes.
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.
Prior legislative history
New bill.
Fiscal implications
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.