Senate Bill S3243

2017-2018 Legislative Session

Provides that instructions to the jury shall include certain defenses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S3243 (ACTIVE) - Details

See Assembly Version of this Bill:
A5843
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §300.10, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9044, A2211
2011-2012: S5738, A881
2013-2014: S2842, A954
2015-2016: S1724, A6381
2019-2020: S4561, A5207
2021-2022: S4798, A5535
2023-2024: S5860, A2039

2017-S3243 (ACTIVE) - 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".

2017-S3243 (ACTIVE) - Sponsor Memo

2017-S3243 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3243
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens. PARKER, KENNEDY -- 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.
              

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