Assembly Bill A1439

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1439
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of A. SIMON, ZINERMAN, DICKENS, STECK, BURGOS, CRUZ,
   DAVILA -- 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.  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 on the one hundred twentieth day after
 it shall have become a law.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01738-01-3