senate Bill S1724

2015-2016 Legislative Session

Provides that instructions to the jury shall include certain defenses

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Jan 14, 2015 referred to codes

Co-Sponsors

S1724 - Details

See Assembly Version of this Bill:
A6381
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §300.10, CP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2842, A954
2011-2012: S5738, A881
2009-2010: A9044

S1724 - Summary

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".

S1724 - Sponsor Memo

S1724 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1724

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed 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:

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06482-01-5