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A02366 Summary:

BILL NOA02366
 
SAME ASNo Same As
 
SPONSORWallace
 
COSPNSRRyan, D'Urso, Gottfried, Simon, Galef, Glick, Burke, Rosenthal L, Jaffee, Dickens, Lavine
 
MLTSPNSREpstein, Giglio, Schimminger
 
Amd 300.10, CP L
 
Includes in the court's jury charge that the jury is not to allow bias, sympathy, fear, public opinion, or the defendant being a member of a protected class to influence their decision.
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A02366 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2366
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the criminal procedure law, in relation to including  in
          the  court's jury charge that the jury is not to allow bias, sympathy,
          fear, public opinion, or the defendant being a member of  a  protected
          class influence their decision

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 300.10 of the criminal procedure law is amended  by
     2  adding a new subdivision 2-a to read as follows:
     3    2-a.  In  its charge, the court must instruct the jury as follows: "Do
     4  not allow any bias, sympathy, fear, or  public  opinion  influence  your
     5  decision in any way. Your verdict must be based solely upon the evidence
     6  at  trial  and not upon the race, color, gender, national origin, ances-
     7  try, religion, age, disability, gender identity or sexual orientation of
     8  any person."
     9    § 2. This act shall take effect on the first of November next succeed-
    10  ing the date on which it shall have become a law.
 
 
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00321-01-9
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