What's happening
This bill requires judges, upon request, to instruct juries not to let bias, including against victims' identities, influence their decisions in criminal trials.
Why it matters
Targets “panic defenses”. The bill specifically addresses legal strategies where a defendant claims an extreme emotional reaction (“panic”) to a victim’s identity (such as sexual orientation or gender identity), which have historically contributed to acquittals or reduced charges in hate crime cases.
Explicitly defines bias for juries. By requiring judges to define “bias” in terms that include race, gender, sexual orientation, gender identity, religion, and other characteristics, the bill aims to make jurors aware of a broad spectrum of prejudices that could unfairly affect their verdicts.
Aims to limit the influence of societal prejudice in verdicts. The legislation recognizes that societal biases can infiltrate jury decisions, and mandates instructions to counteract this—especially in cases where the defense may try to exploit such biases.
Strengthens protections for marginalized victims and witnesses. By making it clear that prejudice against a victim or witness’s identity should play no role in juror deliberations, the bill seeks to ensure fairer trials for individuals from communities often targeted by hate crimes.
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Who cares
Headline styles
Require Jury Bias Warnings
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Jury Must Hear Bias Defense
In Assembly Committee · Codes · Sponsor Latrice Walker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4561
2019-2020 Regular Sessions
IN SENATE
March 14, 2019
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 Assembly, 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 characteristics 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
S. 4561 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 elaboration, 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, 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."
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 declara- tions affirming that it is every person's right, regardless of factors such as race, color, national origin, ancestry, gender, religion, reli- gious 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 crimi- nal 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 responsibil- ity 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 character- istic of a victim. Rather than allowing a case to be decided on ques- tions of law and fact, these sorts of defenses purposelfull,y 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 intim- idation, 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 transgen- der 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
2017-18: S3243 - Referred to Codes 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.