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A01471 Summary:

BILL NOA01471
 
SAME ASSAME AS S01285-A
 
SPONSORSimon
 
COSPNSRZinerman, Steck, Cruz, Davila, DeStefano, Raga
 
MLTSPNSR
 
Amd §310.30, CP L
 
Allows for written instructions regarding elements to be supplied to a jury.
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A01471 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1471
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by M. of A. SIMON, ZINERMAN, STECK, CRUZ, DAVILA, DeSTEFANO,
          RAGA -- 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:

     1    Section  1.  This  act  shall be known and may be cited as the "Tiarah
     2  Poyau Act".
     3    § 2. Section 310.30 of the criminal procedure law, as amended by chap-
     4  ter 208 of the laws of 1980, is amended to read as follows:
     5  § 310.30  Jury deliberation; request for information.
     6    At any time during its deliberation, the jury may  request  the  court
     7  for  further  instruction  or  information with respect to the law, with
     8  respect to the content or substance  of  any  trial  evidence,  or  with
     9  respect to any other matter pertinent to the jury's consideration of the
    10  case.    Upon  such  a  request,  the court must direct that the jury be
    11  returned to the courtroom and, after notice to both the people and coun-
    12  sel for the defendant, and in the presence of the defendant,  must  give
    13  such  requested  information  or  instruction as the court deems proper.
    14  With the consent of the parties and upon the request  of  the  jury  for
    15  further  instruction  with respect to a statute, the court may also give
    16  to the jury copies of the text of any statute which, in its  discretion,
    17  the  court  deems  proper.  In addition, where the jury requests written
    18  instructions regarding the elements of any offense submitted, or of  any
    19  defense  or affirmative defense submitted in relation thereto, the court
    20  may provide the jury with such written  instructions  as  the  jury  has
    21  requested and any other written instruction relevant to the instructions
    22  requested by the jury that the court deems proper.  Before giving to the
    23  jury  such written instructions regarding the elements of any offense or
    24  of any defense or affirmative defense  pursuant  to  this  section,  the
    25  court  shall  permit counsel to examine such written instructions, shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00079-02-5

        A. 1471                             2
 
     1  afford counsel an opportunity to  be  heard,  shall  mark  such  written
     2  instructions  as  a court exhibit and shall read the instructions to the
     3  jury.
     4    § 3. This act shall take effect on the one hundred twentieth day after
     5  it shall have become a law.
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