Bill Text: NY A05535 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that instructions to the jury shall include certain defenses; provides that such instructions shall include, but not be limited to, "Do not let bias, sympathy, prejudice, or public opinion influence your decision"; defines the term "bias".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A05535 Detail]

Download: New_York-2021-A05535-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5535

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2021
                                       ___________

        Introduced  by M. of A. WALKER, WALLACE -- read once and referred to the
          Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to  instructions
          to the jury relating to certain defenses

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The legislature  hereby  finds  and  declares  all  of  the
     2  following:
     3    (a)  New York law defines a hate crime as a specified criminal offense
     4  intentionally committed because of the actual or perceived race,  color,
     5  national  origin,  ancestry,  gender, religion, religious practice, age,
     6  disability or sexual orientation of a person, regardless of whether  the
     7  belief or perception is correct.
     8    (b)  It is the right of every person regardless of actual or perceived
     9  race, color, national  origin,  ancestry,  gender,  religion,  religious
    10  practice,  age,  disability, gender identity or sexual orientation to be
    11  secure and protected from fear, intimidation, and physical  harm  caused
    12  by the actions of violent groups and individuals.
    13    (c)  "Bias"  includes bias based upon the victim's actual or perceived
    14  race, color, national  origin,  ancestry,  gender,  religion,  religious
    15  practice, age, disability, gender identity or sexual orientation.
    16    (d)  It  is  against  public  policy as expressed in rules of court on
    17  judicial conduct for members of the judiciary  or  lawyers  in  judicial
    18  proceedings  to  manifest  bias  based  upon characteristics of parties,
    19  including the actual or perceived age, race, creed, color,  sex,  sexual
    20  orientation or disability of a crime victim.
    21    (e)  "Panic  strategies"  are  those  strategies that try to explain a
    22  defendant's actions or emotional reactions based upon the  knowledge  or
    23  discovery of the fact that the victim possesses one or more of the char-
    24  acteristics  listed  above or associates with a person or group with one
    25  or more of those characteristics.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07744-01-1
        A. 5535                             2

     1    (f) The legislature is concerned about the use  of  societal  bias  in
     2  criminal  proceedings and the susceptibility of juries to such bias. The
     3  use of so-called "panic strategies" by  defendants  in  criminal  trials
     4  opens  the  door  for  bias  against victims based on one or more of the
     5  characteristics  listed  above  or an association with a person or group
     6  with one or more of those characteristics.
     7    (g) It is against public policy for a defendant to be acquitted  of  a
     8  charged  offense or convicted of a lesser included offense based upon an
     9  appeal to the societal bias that may be possessed by members of a jury.
    10    § 2. Subdivision 3 of section 300.10 of the criminal procedure law, as
    11  amended by chapter 668 of the laws  of  1984,  is  amended  to  read  as
    12  follows:
    13    3. (a) Where a defendant has raised the affirmative defense of lack of
    14  criminal  responsibility  by  reason  of  mental  disease  or defect, as
    15  defined in section 40.15 of the penal law, the court must, without elab-
    16  oration, instruct the jury as follows: "A jury during its  deliberations
    17  must  never  consider  or  speculate  concerning matters relating to the
    18  consequences of its verdict. However, because  of  the  lack  of  common
    19  knowledge  regarding the consequences of a verdict of not responsible by
    20  reason of mental disease or defect, I charge you that if this verdict is
    21  rendered by you there will be hearings as  to  the  defendant's  present
    22  mental   condition   and,   where  appropriate,  involuntary  commitment
    23  proceedings."
    24    (b) In any criminal trial or proceeding, upon the request of a  party,
    25  the  court  shall instruct the jury as follows: "Do not let bias, sympa-
    26  thy, prejudice, or public opinion influence your decision. Bias includes
    27  bias against the victim or victims or witness or witnesses,  based  upon
    28  his  or  her  race,  color, national origin, ancestry, gender, religion,
    29  religious  practice,  age,  disability,  gender   identity   or   gender
    30  expression, or sexual orientation."
    31    §  3.  This  act  shall take effect on the sixtieth day after it shall
    32  have become a law.