Assembly Bill A10437

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10437
 
                           I N  A S S E M B L Y
 
                              April 23, 2018
                                ___________
 
 Introduced  by  M.  of  A.  LENTOL -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to jury deliber-
   ations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 310.30 of the criminal procedure law, as amended by
 chapter 208 of the laws of 1980, is amended to read as follows:
 § 310.30 Jury deliberation; request for information.
   At  any  time  during its deliberation, the jury may request the court
 for further instruction or information with respect  to  the  law,  with
 respect  to  the  content  or  substance  of any trial evidence, or with
 respect to any other matter pertinent to the jury's consideration of the
 case.  Upon such a request, the court  must  direct  that  the  jury  be
 returned to the courtroom and, after notice to both the people and coun-
 sel  for  the defendant, and in the presence of the defendant, must give
 such requested information or instruction as  the  court  deems  proper.
 With  the  consent  of  the parties and upon the request of the jury for
 further instruction with respect to a statute, the court may  also  give
 to  the jury copies of the text of any statute which, in its discretion,
 the court deems proper. IN ADDITION, WHERE  THE  JURY  REQUESTS  WRITTEN
 INSTRUCTIONS  REGARDING THE ELEMENTS OF ANY OFFENSE SUBMITTED, OR OF ANY
 DEFENSE OR AFFIRMATIVE DEFENSE SUBMITTED IN RELATION THERETO, THE  COURT
 MAY  PROVIDE  THE  JURY  WITH  SUCH WRITTEN INSTRUCTIONS AS THE JURY HAS
 REQUESTED AND THE COURT DEEMS PROPER. BEFORE GIVING  TO  THE  JURY  SUCH
 WRITTEN  INSTRUCTIONS  REGARDING  THE  ELEMENTS OF ANY OFFENSE OR OF ANY
 DEFENSE OR AFFIRMATIVE DEFENSE PURSUANT TO THIS SECTION, THE COURT SHALL
 PERMIT COUNSEL TO EXAMINE SUCH WRITTEN INSTRUCTIONS, SHALL AFFORD  COUN-
 SEL  AN OPPORTUNITY TO BE HEARD, SHALL MARK SUCH WRITTEN INSTRUCTIONS AS
 A COURT EXHIBIT AND SHALL READ THE INSTRUCTIONS TO THE JURY.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 trials commenced on or after such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14952-01-8