STATE OF NEW YORK
________________________________________________________________________
1439
2023-2024 Regular Sessions
IN ASSEMBLY
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:
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 the court deems proper. Before giving to the jury such
22 written instructions regarding the elements of any offense or of any
23 defense or affirmative defense pursuant to this section, the court shall
24 permit counsel to examine such written instructions, shall afford coun-
25 sel an opportunity to be heard, shall mark such written instructions as
26 a court exhibit and shall read the instructions to the jury.
27 § 3. This act shall take effect on the one hundred twentieth day after
28 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
