S T A T E   O F   N E W   Y O R K
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                                  2175

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. McENENY -- Multi-Sponsored by -- M. of A. CAHILL,
  CLARK, COLTON, COOK, DelMONTE, GALEF, GOTTFRIED, JAFFEE, MAISEL, MILL-
  MAN,  REILLY,  TOWNS,  WEISENBERG  --  read  once  and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law and  the  judiciary  law,  in
  relation  to instructions to grand juries preliminary to assumption of
  their duties and to amend the criminal procedure law, in  relation  to
  the charge to the jury

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190.20 of the criminal procedure law is amended  by
adding a new subdivision 7 to read as follows:
  7.  (A)  AFTER  A GRAND JURY HAS BEEN SWORN, THE COURT MUST DELIVER OR
CAUSE TO BE DELIVERED  TO  EACH  GRAND  JUROR  A  COPY  OF  THE  WRITTEN
INSTRUCTIONS FOR GRAND JURORS PREPARED BY THE CHIEF ADMINISTRATOR OF THE
COURTS IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (R) OF SUBDIVISION
TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW.
  (B)  THE  PRESIDING  JUDGE SHALL REVIEW SUCH WRITTEN INSTRUCTIONS WITH
THE JURORS AFTER HAVING BEEN SWORN  AND  PRELIMINARY  TO  ASSUMPTION  OF
THEIR  DUTIES.  THE PRESIDING JUDGE SHALL MAKE HIMSELF OR HERSELF AVAIL-
ABLE TO  ANSWER  QUESTIONS  OR  MAKE  FURTHER  CLARIFICATIONS  OF  THESE
INSTRUCTIONS.    NOTHING  HEREIN  SHALL PREVENT THE PRESIDING JUDGE FROM
GIVING THE JURORS FURTHER GUIDANCE, AS HE OR SHE SHALL DETERMINE REGARD-
ING THE LEGAL DUTIES OF THE GRAND JURY,  AND  ITS  RESPONSIBILITIES  AND
OBJECTIVES  AS  DEFINED  IN THIS ARTICLE.   IN ADDITION, THE JUDGE SHALL
REMIND THE GRAND JURY OF ITS DUTIES AND RESPONSIBILITIES AT ANY TIME  HE
OR SHE SHALL DEEM NECESSARY, WHETHER SOLICITED BY THE GRAND JURY OR NOT.
  S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (r) to read as follows:
  (R) PREPARE WRITTEN INSTRUCTIONS FOR GRAND JURORS, INCLUDING  BUT  NOT
LIMITED TO THE FOLLOWING INFORMATION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00825-01-9
              

A. 2175                             2

  (I)  THE GRAND JURY PERFORMS THE DUAL FUNCTION OF INVESTIGATING CRIMI-
NAL ACTIVITY TO DETERMINE WHETHER SUFFICIENT EVIDENCE EXISTS TO ACCUSE A
CITIZEN OF A CRIME, AND OF  PROTECTING  INDIVIDUALS  FROM  NEEDLESS  AND
UNFOUNDED PROSECUTIONS;
  (II)  IN A GRAND JURY PROCEEDING THE PROSECUTOR PERFORMS THE DUAL ROLE
OF ADVOCATE AND PUBLIC OFFICER CHARGED WITH THE DUTY NOT ONLY TO  SECURE
INDICTMENTS BUT ALSO TO SEE THAT JUSTICE IS DONE;
  (III)  THE  GRAND  JURY DERIVES ITS AUTHORITY FROM THE CONSTITUTION OF
THE STATE OF NEW YORK, CONSTITUTES A PART OF THE COURT WHICH IMPANELS IT
AND IS NOT AN INSTRUMENTALITY OF THE PROSECUTOR  OR  DISTRICT  ATTORNEY;
AND
  (IV) SUCH OTHER INFORMATION AS THE CHIEF ADMINISTRATOR MAY DEEM NECES-
SARY  AND  PROPER TO CLARIFY THE MISSION OF THE GRAND JURY IN THE INTER-
ESTS OF JUSTICE.
  S 3. Subdivision  1 of section 300.10 of the criminal procedure law is
amended to read as follows:
  1.  At the conclusion of the summations,  the  court  must  deliver  a
charge  to  the  jury  AND  MAY PROVIDE A WRITTEN SUMMARY THEREOF TO THE
JURY.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.