S T A T E O F N E W Y O R K
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6067
2009-2010 Regular Sessions
I N A S S E M B L Y
February 24, 2009
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Introduced by M. of A. ROBINSON, CLARK, ORTIZ -- Multi-Sponsored by --
M. of A. GREENE, JOHN, PEOPLES, TOWNS -- read once and referred to the
Committee on Codes
AN ACT to amend the civil practice law and rules and the criminal proce-
dure law, in relation to authorizing a court to provide written or
recorded instructions to a jury for its use during deliberations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of section 4110-b of the civil prac-
tice law and rules is designated subdivision (a) and a new subdivision
(b) is added to read as follows:
(B) THE COURT, IN ITS DISCRETION, MAY, AFTER INSTRUCTING A JURY ON THE
LAW, PROVIDE THE JURY WITH A WRITTEN COPY OF THE COURT'S INSTRUCTIONS TO
SUCH JURY GIVEN DURING THE TRIAL, INCLUDING ALL PRELIMINARY
INSTRUCTIONS, INSTRUCTIONS PROVIDED DURING THE TRIAL AND INSTRUCTIONS
GIVEN AFTER THE CLOSING ARGUMENTS. WHEN WRITTEN JURY INSTRUCTIONS ARE
NOT AVAILABLE, THE COURT MAY PROVIDE SUCH INSTRUCTIONS TO THE JURY BY
MEANS OF AN AUDIO OR AUDIO-VIDEO RECORDING. ALL JURY INSTRUCTIONS
PROVIDED TO THE JURY IN WRITTEN OR RECORDED FORM MAY BE USED BY THE JURY
DURING ITS DELIBERATIONS.
S 2. Section 300.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
7. THE COURT, IN ITS OWN DISCRETION, MAY, AFTER CHARGING A JURY,
PROVIDE THE JURY WITH A WRITTEN COPY OF THE COURT'S INSTRUCTIONS AND
CHARGE TO THE JURY GIVEN DURING THE TRIAL, INCLUDING ALL PRELIMINARY
INSTRUCTIONS, INSTRUCTIONS PROVIDED DURING THE TRIAL, AND THE CHARGE AND
INSTRUCTIONS GIVEN AFTER THE SUMMATIONS. WHEN WRITTEN JURY INSTRUCTIONS
AND A WRITTEN JURY CHARGE ARE NOT AVAILABLE, THE COURT MAY PROVIDE SUCH
INSTRUCTION AND CHARGE TO THE JURY BY MEANS OF AN AUDIO OR AUDIO-VIDEO
RECORDING. ALL JURY INSTRUCTIONS AND THE CHARGE PROVIDED TO THE JURY IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01846-01-9
A. 6067 2
WRITTEN OR RECORDED FORM MAY BE USED BY THE JURY DURING ITS DELIBER-
ATIONS.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.