S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5207
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 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.
              

                                                            LBD05908-01-9

 A. 5207                             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.