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S2063Senate2009-2010 SessionSame asA6067

Grants courts discretion to provide juries with written instructions for use during deliberations in both civil and criminal proceedings

Sponsor Shirley L. HuntleySD-10+9 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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History

  1. Referred to codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6067Assembly

Grants courts discretion to provide juries with written instructions for use during deliberations in both civil and criminal proceedings

In Assembly Committee · Codes · Sponsor Annette Robinson

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the civil practice law and rules and the criminal procedure law, in relation to authorizing a court to provide written or recorded instructions to a jury for its use during deliberations

Purpose

To authorize courts, after charging a jury, to provide the jury with a written or recorded copy of the court's instructions for use during their deliberations.

Summary of provisions

The bill amends both section 4110-b of the Civil Practice Law and rules and section 300.10 of the criminal procedure law to authorize the trial court to provide the jury with a written copy of the court's instructions to the jury.

Justification

Every jury, whether criminal or civil, should be given the opportunity to make intelligent and correct decisions. Oral charges at times are lengthy and complex. Civil and Criminal cases that involve legal terms are difficult to convey and understand. The concern exists for some jurors that unfortunately may get lost in the legal jargon.

Therefore, the process of reducing the oral charges to a written or recorded form benefits the jury and the judicial process. According to the National Center for state Courts, judges in federal courts and in 36 other states have the option to give juries written copies of their oral charges.

Existing law

There are no statutory provisions authorizing a judge to provide civil or criminal court juries with a written copy of the jury instructions or "charge". Civil court judges, under decisional law, have the authority to give written instructions on the law to juries upon a party's request pursuant to section 4110-b of the Civil Practice Law and Rules. The Criminal Procedure Law, at section 300.10, generally provides for delivery of the charge to the jury. Neither statute expressly allows a jury to receive a written copy of the judge's charge.

Legislative history

S.7543, A.11743 Died in codes

Fiscal implications

None.

Effective date

On the first of January next succeeding the date it becomes a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.