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

                                  2114

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced by M. of A. McENENY -- Multi-Sponsored by -- M. of A. CAHILL,
  CLARK,  COLTON, COOK, GALEF, GOTTFRIED, JAFFEE, MAISEL, MILLMAN, REIL-
  LY, 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 (S) 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 (s) to read as follows:
  (S)  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.
                                                           LBD01816-01-1
              

A. 2114                             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.