senate Bill S8772

2019-2020 Legislative Session

Relates to jury deliberations

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 15, 2020 referred to rules

Sponsor's Position

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

Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §310.30, CP L

S8772 (ACTIVE) - Summary

Allows for written instructions regarding elements to be supplied to a jury.

S8772 (ACTIVE) - Sponsor Memo

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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