Text of NY A 2211 (2009)

Skip to main content New York State Assembly Speaker Carl E. Heastie Assembly Members Legislative Info Public Hearings Speaker's Press Assembly Reports Committees & More Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page. - This bill is not active in this session. Bill No.: Summary Actions Floor Votes Memo Text A02211 Summary: BILL NOA02211 SAME ASNo same as SPONSORDiaz (MS) COSPNSRGlick, Benjamin, Hoyt, Peoples-Stokes, O'Donnell, Kellner MLTSPNSRClark, Espaillat, Hevesi, Maisel, Rosenthal, Weisenberg Amd S300.10, CP L 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". Go to top A02211 Text: STATE OF NEW YORK ________________________________________________________________________ 2211 2009-2010 Regular Sessions IN ASSEMBLY 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: 1 Section 1. The legislature hereby finds and declares all of the 2 following: 3 (a) New York law defines a hate crime as a specified criminal offense 4 intentionally committed because of the actual or perceived race, color, 5 national origin, ancestry, gender, religion, religious practice, age, 6 disability or sexual orientation of a person, regardless of whether the 7 belief or perception is correct. 8 (b) It is the right of every person regardless of actual or perceived 9 race, color, national origin, ancestry, gender, religion, religious 10 practice, age, disability, gender identity or sexual orientation to be 11 secure and protected from fear, intimidation, and physical harm caused 12 by the actions of violent groups and individuals. 13 (c) "Bias" includes bias based upon the victim's actual or perceived 14 race, color, national origin, ancestry, gender, religion, religious 15 practice, age, disability, gender identity or sexual orientation. 16 (d) It is against public policy as expressed in rules of court on 17 judicial conduct for members of the judiciary or lawyers in judicial 18 proceedings to manifest bias based upon characteristics of parties, 19 including the actual or perceived age, race, creed, color, sex, sexual 20 orientation or disability of a crime victim. 21 (e) "Panic strategies" are those strategies that try to explain a 22 defendant's actions or emotional reactions based upon the knowledge or 23 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 1 acteristics listed above or associates with a person or group with one 2 or more of those characteristics. 3 (f) The legislature is concerned about the use of societal bias in 4 criminal proceedings and the susceptibility of juries to such bias. The 5 use of so-called "panic strategies" by defendants in criminal trials 6 opens the door for bias against victims based on one or more of the 7 characteristics listed above or an association with a person or group 8 with one or more of those characteristics. 9 (g) It is against public policy for a defendant to be acquitted of a 10 charged offense or convicted of a lesser included offense based upon an 11 appeal to the societal bias that may be possessed by members of a jury. 12 § 2. Subdivision 3 of section 300.10 of the criminal procedure law, as 13 amended by chapter 668 of the laws of 1984, is amended to read as 14 follows: 15 3. (a) Where a defendant has raised the affirmative defense of lack of 16 criminal responsibility by reason of mental disease or defect, as 17 defined in section 40.15 of the penal law, the court must, without elab- 18 oration, instruct the jury as follows: "A jury during its deliberations 19 must never consider or speculate concerning matters relating to the 20 consequences of its verdict. However, because of the lack of common 21 knowledge regarding the consequences of a verdict of not responsible by 22 reason of mental disease or defect, I charge you that if this verdict is 23 rendered by you there will be hearings as to the defendant's present 24 mental condition and, where appropriate, involuntary commitment 25 proceedings." 26 (b) In any criminal trial or proceeding, upon the request of a party, 27 the court shall instruct the jury as follows: "Do not let bias, sympa- 28 thy, prejudice, or public opinion influence your decision. Bias includes 29 bias against the victim or victims or witness or witnesses, based upon 30 his or her race, color, national origin, ancestry, gender, religion, 31 religious practice, age, disability, gender identity or gender 32 expression, or sexual orientation." 33 § 3. This act shall take effect on the sixtieth day after it shall 34 have become a law. Go to top Sitemap Request Information Directions and Maps