Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 11, 2009 |
referred to codes |
Senate Bill S2063
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D) Senate District
(D, WF) 28th Senate District
2009-S2063 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6067
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §4110-b, CPLR; amd §300.10, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
A1420
2009-S2063 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2063 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
2009-S2063 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2063 2009-2010 Regular Sessions I N S E N A T E February 11, 2009 ___________ Introduced by Sens. HUNTLEY, ADAMS, DIAZ, ESPADA, KRUEGER, MONSERRATE, PARKER, SAMPSON, STAVISKY -- read twice and ordered printed, and when printed to be committed 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
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