|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 15, 2020||referred to rules|
senate Bill S8772
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
It is vital that juries understand the underlying principles of the laws they are sworn to apply when determining innocence or guilt.
S8772 (ACTIVE) - Details
S8772 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8772 SPONSOR: PERSAUD TITLE OF BILL: An act to amend the criminal procedure law, in relation to jury deliber- ations PURPOSE OR GENERAL IDEA OF BILL: To allow the use of written jury instructions by criminal court juries. SUMMARY OF SPECIFIC PROVISIONS: Section 1. This act shall be known and may be cited as the "Tiarah Poyau Act". Section 2. Section 310.30 of the criminal procedure law, as amended by chapter 208 of 51 the laws of 1980, is amended to allow courts the option to provide written copies of jury instructions to the jury when requested. Before giving to the jury such written instructions regarding
S8772 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8772 I N S E N A T E July 15, 2020 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. This act shall be known and may be cited as the "Tiarah Poyau Act". § 2. Section 310.30 of the criminal procedure law, as amended by chap- ter 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. § 3. 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
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