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

                                  2211

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A. DIAZ, GLICK, GREENE, BENJAMIN, HOYT, PEOPLES,
  O'DONNELL, KELLNER -- Multi-Sponsored by -- M. of A. CLARK, ESPAILLAT,
  HEVESI, MAISEL, ROSENTHAL, WEISENBERG -- 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04676-01-9
              

A. 2211                             2

acteristics  listed  above or associates with a person or group with one
or more of those characteristics.
  (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.
  S 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."
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.