 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8772
 
                    IN SENATE
 
                                      July 15, 2020
                                       ___________
 
        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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 immediately and shall apply to all
    28  trials commenced on or after such effective date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16921-01-0
Relates to jury deliberations

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