S T A T E   O F   N E W   Y O R K
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                                  6067

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M. of A. ROBINSON, CLARK, ORTIZ -- Multi-Sponsored by --
  M. of A. GREENE, JOHN, PEOPLES, TOWNS -- read once and referred to the
  Committee on Codes

AN ACT to amend the civil practice law and rules and the criminal proce-
  dure law, in relation to authorizing a court  to  provide  written  or
  recorded instructions to a jury for its use during deliberations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 4110-b of the civil  prac-
tice  law  and rules is designated subdivision (a) and a new subdivision
(b) is added to read as follows:
  (B) THE COURT, IN ITS DISCRETION, MAY, AFTER INSTRUCTING A JURY ON THE
LAW, PROVIDE THE JURY WITH A WRITTEN COPY OF THE COURT'S INSTRUCTIONS TO
SUCH  JURY  GIVEN  DURING   THE   TRIAL,   INCLUDING   ALL   PRELIMINARY
INSTRUCTIONS,  INSTRUCTIONS  PROVIDED  DURING THE TRIAL AND INSTRUCTIONS
GIVEN AFTER THE CLOSING ARGUMENTS. WHEN WRITTEN  JURY  INSTRUCTIONS  ARE
NOT  AVAILABLE,  THE  COURT MAY PROVIDE SUCH INSTRUCTIONS TO THE JURY BY
MEANS OF AN  AUDIO  OR  AUDIO-VIDEO  RECORDING.  ALL  JURY  INSTRUCTIONS
PROVIDED TO THE JURY IN WRITTEN OR RECORDED FORM MAY BE USED BY THE JURY
DURING ITS DELIBERATIONS.
  S 2. Section 300.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  THE  COURT,  IN  ITS  OWN  DISCRETION, MAY, AFTER CHARGING A JURY,
PROVIDE THE JURY WITH A WRITTEN COPY OF  THE  COURT'S  INSTRUCTIONS  AND
CHARGE  TO  THE  JURY  GIVEN DURING THE TRIAL, INCLUDING ALL PRELIMINARY
INSTRUCTIONS, INSTRUCTIONS PROVIDED DURING THE TRIAL, AND THE CHARGE AND
INSTRUCTIONS GIVEN AFTER THE SUMMATIONS. WHEN WRITTEN JURY  INSTRUCTIONS
AND  A WRITTEN JURY CHARGE ARE NOT AVAILABLE, THE COURT MAY PROVIDE SUCH
INSTRUCTION AND CHARGE TO THE JURY BY MEANS OF AN AUDIO  OR  AUDIO-VIDEO
RECORDING.  ALL JURY INSTRUCTIONS AND THE CHARGE PROVIDED TO THE JURY IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01846-01-9

              

A. 6067                             2

WRITTEN OR RECORDED FORM MAY BE USED BY THE  JURY  DURING  ITS  DELIBER-
ATIONS.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.