S T A T E O F N E W Y O R K
________________________________________________________________________
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.