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".
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7725
SPONSOR: Walker 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 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 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 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:
2015- 2016: A6381-Referred to Codes
2017- 2018: A5843-Referred to Codes
2019- 2020: A5207-Referred to Codes
2021- 2022: A5535- Referred to Codes
2023- 2024: A2039- Referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
STATE OF NEW YORK
________________________________________________________________________
7725
2025-2026 Regular Sessions
IN ASSEMBLY
April 8, 2025
___________
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:
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-
24 acteristics listed above or associates with a person or group with one
25 or more of those characteristics.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06867-01-5
A. 7725 2
1 (f) The legislature is concerned about the use of societal bias in
2 criminal proceedings and the susceptibility of juries to such bias. The
3 use of so-called "panic strategies" by defendants in criminal trials
4 opens the door for bias against victims based on one or more of the
5 characteristics listed above or an association with a person or group
6 with one or more of those characteristics.
7 (g) It is against public policy for a defendant to be acquitted of a
8 charged offense or convicted of a lesser included offense based upon an
9 appeal to the societal bias that may be possessed by members of a jury.
10 § 2. Subdivision 3 of section 300.10 of the criminal procedure law, as
11 amended by chapter 668 of the laws of 1984, is amended to read as
12 follows:
13 3. (a) Where a defendant has raised the affirmative defense of lack of
14 criminal responsibility by reason of mental disease or defect, as
15 defined in section 40.15 of the penal law, the court must, without elab-
16 oration, instruct the jury as follows: "A jury during its deliberations
17 must never consider or speculate concerning matters relating to the
18 consequences of its verdict. However, because of the lack of common
19 knowledge regarding the consequences of a verdict of not responsible by
20 reason of mental disease or defect, I charge you that if this verdict is
21 rendered by you there will be hearings as to the defendant's present
22 mental condition and, where appropriate, involuntary commitment
23 proceedings."
24 (b) In any criminal trial or proceeding, upon the request of a party,
25 the court shall instruct the jury as follows: "Do not let bias, sympa-
26 thy, prejudice, or public opinion influence your decision. Bias includes
27 bias against the victim or victims or witness or witnesses, based upon
28 race, color, national origin, ancestry, gender, religion, religious
29 practice, age, disability, gender identity or gender expression, or
30 sexual orientation."
31 § 3. This act shall take effect on the sixtieth day after it shall
32 have become a law.
