assembly Bill A6381

2015-2016 Legislative Session

Provides that instructions to the jury shall include certain defenses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2016 held for consideration in codes
Jan 06, 2016 referred to codes
Mar 20, 2015 referred to codes

Co-Sponsors

A6381 - Details

See Senate Version of this Bill:
S1724
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง300.10, CP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A954, S2842
2011-2012: A881, S5738
2009-2010: A9044

A6381 - 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".

A6381 - Bill Text download pdf

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

                                  6381

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced by M. of A. WALKER -- 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:

  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