Assembly Bill A5535

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5535
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   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.
              

                                                            LBD07744-01-1

 A. 5535                             2
 
   (f) The legislature is concerned about the use  of  societal  bias  in
 criminal  proceedings and the susceptibility of juries to such bias. The
 use of so-called "panic strategies" by  defendants  in  criminal  trials
 opens  the  door  for  bias  against victims based on one or more of the
 characteristics  listed  above  or an association with a person or group
 with one or more of those characteristics.
   (g) It is against public policy for a defendant to be acquitted  of  a
 charged  offense or convicted of a lesser included offense based upon an
 appeal to the societal bias that may be possessed by members of a jury.
   § 2. Subdivision 3 of section 300.10 of the criminal procedure law, as
 amended by chapter 668 of the laws  of  1984,  is  amended  to  read  as
 follows:
   3. (A) Where a defendant has raised the affirmative defense of lack of
 criminal  responsibility  by  reason  of  mental  disease  or defect, as
 defined in section 40.15 of the penal law, the court must, without elab-
 oration, instruct the jury as follows: "A jury during its  deliberations
 must  never  consider  or  speculate  concerning matters relating to the
 consequences of its verdict. However, because  of  the  lack  of  common
 knowledge  regarding the consequences of a verdict of not responsible by
 reason of mental disease or defect, I charge you that if this verdict is
 rendered by you there will be hearings as  to  the  defendant's  present
 mental   condition   and,   where  appropriate,  involuntary  commitment
 proceedings."
   (B) IN ANY CRIMINAL TRIAL OR PROCEEDING, UPON THE REQUEST OF A  PARTY,
 THE  COURT  SHALL INSTRUCT THE JURY AS FOLLOWS: "DO NOT LET BIAS, SYMPA-
 THY, PREJUDICE, OR PUBLIC OPINION INFLUENCE YOUR DECISION. BIAS INCLUDES
 BIAS AGAINST THE VICTIM OR VICTIMS OR WITNESS OR WITNESSES,  BASED  UPON
 HIS  OR  HER  RACE,  COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION,
 RELIGIOUS  PRACTICE,  AGE,  DISABILITY,  GENDER   IDENTITY   OR   GENDER
 EXPRESSION, OR SEXUAL ORIENTATION."
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.