NY State Senate Bill 2017-S3243

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 20, 2017	referred to codes

co-Sponsors

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

                                 BILL NUMBER:  S3243

 TITLE OF BILL :

An act to amend the criminal procedure law, in relation to
instructions to the jury relating to certain defenses

 PURPOSE OR GENERAL IDEA OF BILL :

This bill will improve the administration of justice in New York State
by requiring judges in criminal proceedings to instruct juries, if so
requested, to disregard appeals to bias and prejudice through
courtroom tactics such as "panic strategies."

 SUMMARY OF SPECIFIC PROVISIONS :

Section § 1 sets forth a statement of legislative findings and
declarations affirming that it is every person's right, regardless of
factors such as 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. The section further declares that the use of
so-called "panic strategies" in criminal trials opens the door for
bias against victims and is contrary to public policy.

Section § 2 adds a new paragraph (b) to subdivision 3 of § 300.10 of
the criminal procedure law, providing that judges in criminal trials
shall, upon the request of a party, instruct the jury as follows: "Do
not let bias, sympathy, 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."

 JUSTIFICATION :

Although New. York State has strengthened its laws on bias and hate
crimes, recent events have shown that some loopholes and weaknesses
still exist. Nowhere is this more apparent than in defendants' recent
efforts, in New York and other states, to attempt to escape
responsibility for hate crimes through the use of "panic strategy"
defenses. The Panic defense is aimed at persuading juries that it was
reasonable for a defendant to "panic" and become violent due to some
perceived negative characteristic of the victim based on that victim's
perceived or actual minority group status. No current statute
addresses the use of panic defenses or other courtroom strategies that
attempt to sway juries that criminal acts can be justified due to the
race, national origin, sexual orientation, gender identity or gender
expression, or other characteristic of a victim. Rather than allowing
a case to be decided on questions of law and fact, these sorts of
defenses purposefully play on bias and stereotypes that may be held by
members of the jury.

Every person has the right to live without fear of violence or
intimidation, and it is contrary to public policy to allow a lesser
standard of justice based on appeals to societal biases that may be
possessed by members of a jury.

This bill is modeled on similar California legislation known as the
"Gwen Araujo Justice for Victims Act," named after a murdered
transgender teenager. The defendants in that case tried to use a panic
strategy defense to justify reducing the charges. The bill was signed
into law in California as Chapter 550 of the Laws of 2006.

 PRIOR LEGISLATIVE HISTORY :
2015-16: S.1724/A.6381 - Referred to Codes
2013-14: S.2842/A.954 - Referred to Codes
2012-11: S.5738/A.881 - Referred to Codes
2009-10:  A.9044 - Referred to Codes
2007-08: S.3359/A.3763 - Referred to Codes
2005-06: A.12079 - Codes

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The sixtieth day after becoming law.

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.

                                                            LBD06174-01-7

 S. 3243                             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.

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Senate Bill S3243

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S3243 (ACTIVE) - Details

2017-S3243 (ACTIVE) - Summary

2017-S3243 (ACTIVE) - Sponsor Memo

2017-S3243 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3243

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Timothy M. Kennedy

2017-S3243 (ACTIVE) - Details

2017-S3243 (ACTIVE) - Summary

2017-S3243 (ACTIVE) - Sponsor Memo

2017-S3243 (ACTIVE) - Bill Text download pdf

Comments