Assembly Bill A1420

2011-2012 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Assembly 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

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2011-A1420 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4110-b, CPLR; amd §300.10, CP L
Versions Introduced in 2009-2010 Legislative Session:
A6067

2011-A1420 (ACTIVE) - Summary

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

2011-A1420 (ACTIVE) - Bill Text download pdf 

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

                                  1420

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2011
                               ___________

Introduced  by  M. of A. ROBINSON, CLARK, ORTIZ -- Multi-Sponsored by --
  M. of A.   PEOPLES-STOKES, 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.
                                                           LBD00260-01-1

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