Provides that instructions to the jury shall include certain defenses

BILL NUMBER:S5738

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

A.9044 (2010) A.2211 (2009) S.3359/A.3763 (2007-08) A.12079 (2006)

Fiscal implications

None.

Effective date

The sixtieth day after becoming law.