New York A 7725: Provides that instructions to the jury shall include certain defenses

Bill Text

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A07725 Summary:

BILL NOA07725 

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SAME ASSAME AS S04089

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SPONSORWalker

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COSPNSR

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MLTSPNSR

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Amd §300.10, CP L

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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 A07725 Actions:

BILL NOA07725 

&nbsp

04/08/2025referred to codes

01/07/2026referred to codes

Go to topA07725 Committee&nbspVotes:

Go to topA07725 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07725 Text:

 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