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S01285 Summary:

BILL NOS01285A
 
SAME ASSAME AS A01471
 
SPONSORPERSAUD
 
COSPNSRGALLIVAN, JACKSON, ROLISON, SKOUFIS, WEBB
 
MLTSPNSR
 
Amd §310.30, CP L
 
Allows for written instructions regarding elements to be supplied to a jury.
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S01285 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1285--A
            Cal. No. 179
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     January 9, 2025
                                       ___________
 
        Introduced by Sens. PERSAUD, JACKSON, ROLISON, SKOUFIS -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Codes -- reported favorably from  said  committee,  ordered  to  first
          report,  amended  on  first  report,  ordered  to  a second report and
          ordered reprinted, retaining its place in the order of second report
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00079-03-5

        S. 1285--A                          2
 
     1  jury  such written instructions regarding the elements of any offense or
     2  of any defense or affirmative defense  pursuant  to  this  section,  the
     3  court  shall  permit counsel to examine such written instructions, shall
     4  afford  counsel  an  opportunity  to  be  heard, shall mark such written
     5  instructions as a court exhibit and shall read the instructions  to  the
     6  jury.
     7    § 3. This act shall take effect on the one hundred twentieth day after
     8  it shall have become a law.
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