Relates to jury deliberations, permitting a deliberating jury to request written instructions regarding elements of any offense submitted, or of any defense or affirmative defense submitted in relation thereto.
STATE OF NEW YORK
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10437
IN ASSEMBLY
April 23, 2018
___________
Introduced by M. of A. LENTOL -- (at request of the Office of Court
Administration) -- 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. Section 310.30 of the criminal procedure law, as amended by
2 chapter 208 of the laws of 1980, is amended to read as follows:
3 § 310.30 Jury deliberation; request for information.
4 At any time during its deliberation, the jury may request the court
5 for further instruction or information with respect to the law, with
6 respect to the content or substance of any trial evidence, or with
7 respect to any other matter pertinent to the jury's consideration of the
8 case. Upon such a request, the court must direct that the jury be
9 returned to the courtroom and, after notice to both the people and coun-
10 sel for the defendant, and in the presence of the defendant, must give
11 such requested information or instruction as the court deems proper.
12 With the consent of the parties and upon the request of the jury for
13 further instruction with respect to a statute, the court may also give
14 to the jury copies of the text of any statute which, in its discretion,
15 the court deems proper. In addition, where the jury requests written
16 instructions regarding the elements of any offense submitted, or of any
17 defense or affirmative defense submitted in relation thereto, the court
18 may provide the jury with such written instructions as the jury has
19 requested and the court deems proper. Before giving to the jury such
20 written instructions regarding the elements of any offense or of any
21 defense or affirmative defense pursuant to this section, the court shall
22 permit counsel to examine such written instructions, shall afford coun-
23 sel an opportunity to be heard, shall mark such written instructions as
24 a court exhibit and shall read the instructions to the jury.
25 § 2. This act shall take effect immediately and shall apply to all
26 trials commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14952-01-8
