ALBANY — Gov. Cuomo on Thursday proposed a ban on so-called gay panic and trans panic criminal defense strategies from being used in New York courts.
Cuomo said the defenses blame gay and transgender victims for violence committed against them and can result in lesser charges or sentences for the accused.
Defendants who use the defenses argue that the discovery of a victim’s sexual orientation or gender identity sparked a panic or served as a provocative act that led to violence.
Cuomo on Thursday issued an amendment to the budget he proposed in January that would close a loophole in state law that allows such defenses to be used in New York.
“With this action, New York will uphold our continued commitment to deliver equal rights, forbid discrimination of any kind, and remain true to the principles this state and nation were founded upon — fairness and justice for all,” Cuomo said.
In releasing the amendment, Cuomo cited the 2013 case of Islan Nettles, a transgender woman who died after being punched in the face on a New York City street. Legal experts have argued that James Dixon, who pleaded guilty and was sentenced for the crime in 2016, received a lenient 12-year prison sentence in a plea deal because of the trans panic defense.
Cuomo’s amendment, like several others he released this week, must now be negotiated with the Legislature as they work to reach a final budget agreement before the start of New York’s fiscal year on April 1.
“By proposing to ban the so-called gay and trans panic defenses in cases in which murder defendants try to justify their violence as a reaction to learning that the victim was gay or trans, the governor has taken yet another important step in making New York a safer, more just place for the LGBT community,” said State Sen. Brad Hoylman (D-Manhattan), who sponsored legislation similar to Cuomo’s proposal.
