Assembly Bill A4553B

2021-2022 Legislative Session

Relates to jury deliberations

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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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Bill Amendments

co-Sponsors

2021-A4553 - Details

See Senate Version of this Bill:
S482
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §310.30, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8772
2023-2024: A1439, S1189

2021-A4553 - Summary

Allows for written instructions regarding elements to be supplied to a jury.

2021-A4553 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4553
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Codes
 
 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:

   Section  1.  This  act  shall be known and may be cited as the "Tiarah
 Poyau Act".
   § 2. Section 310.30 of the criminal procedure law, as amended by chap-
 ter 208 of the laws of 1980, is amended to read as follows:
 § 310.30  Jury deliberation; request for information.
   At any time during its deliberation, the jury may  request  the  court
 for  further  instruction  or  information with respect to the law, with
 respect to the content or substance  of  any  trial  evidence,  or  with
 respect to any other matter pertinent to the jury's consideration of the
 case.    Upon  such  a  request,  the court must direct that the jury be
 returned to the courtroom and, after notice to both the people and coun-
 sel for the defendant, and in the presence of the defendant,  must  give
 such  requested  information  or  instruction as the court deems proper.
 With the consent of the parties and upon the request  of  the  jury  for
 further  instruction  with respect to a statute, the court may also give
 to the jury copies of the text of any statute which, in its  discretion,
 the  court  deems  proper.  IN ADDITION, WHERE THE JURY REQUESTS WRITTEN
 INSTRUCTIONS REGARDING THE ELEMENTS OF ANY OFFENSE SUBMITTED, OR OF  ANY
 DEFENSE  OR AFFIRMATIVE DEFENSE SUBMITTED IN RELATION THERETO, THE COURT
 MAY PROVIDE THE JURY WITH SUCH WRITTEN  INSTRUCTIONS  AS  THE  JURY  HAS
 REQUESTED  AND  THE  COURT DEEMS PROPER.  BEFORE GIVING TO THE JURY SUCH
 WRITTEN INSTRUCTIONS REGARDING THE ELEMENTS OF ANY  OFFENSE  OR  OF  ANY
 DEFENSE OR AFFIRMATIVE DEFENSE PURSUANT TO THIS SECTION, THE COURT SHALL
 PERMIT  COUNSEL TO EXAMINE SUCH WRITTEN INSTRUCTIONS, SHALL AFFORD COUN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04388-01-1

co-Sponsors

2021-A4553A - Details

See Senate Version of this Bill:
S482
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §310.30, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8772
2023-2024: A1439, S1189

2021-A4553A - Summary

Allows for written instructions regarding elements to be supplied to a jury.

2021-A4553A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4553--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. SIMON, ZINERMAN, DICKENS, GRIFFIN, STECK, BURGOS,
   SEPTIMO -- read once and referred to the Committee on Codes -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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:
 
   Section  1.  This  act  shall be known and may be cited as the "Tiarah
 Poyau Act".
   § 2. Section 310.30 of the criminal procedure law, as amended by chap-
 ter 208 of the laws of 1980, is amended to read as follows:
 § 310.30  Jury deliberation; request for information.
   At any time during its deliberation, the jury may  request  the  court
 for  further  instruction  or  information with respect to the law, with
 respect to the content or substance  of  any  trial  evidence,  or  with
 respect to any other matter pertinent to the jury's consideration of the
 case.    Upon  such  a  request,  the court must direct that the jury be
 returned to the courtroom and, after notice to both the people and coun-
 sel for the defendant, and in the presence of the defendant,  must  give
 such  requested  information  or  instruction as the court deems proper.
 With the consent of the parties and upon the request  of  the  jury  for
 further  instruction  with respect to a statute, the court may also give
 to the jury copies of the text of any statute which, in its  discretion,
 the  court  deems  proper.  IN ADDITION, WHERE THE JURY REQUESTS WRITTEN
 INSTRUCTIONS REGARDING THE ELEMENTS OF ANY OFFENSE SUBMITTED, OR OF  ANY
 DEFENSE  OR AFFIRMATIVE DEFENSE SUBMITTED IN RELATION THERETO, THE COURT
 MAY PROVIDE THE JURY WITH SUCH WRITTEN  INSTRUCTIONS  AS  THE  JURY  HAS
 REQUESTED  AND  THE  COURT DEEMS PROPER.  BEFORE GIVING TO THE JURY SUCH
 WRITTEN INSTRUCTIONS REGARDING THE ELEMENTS OF ANY  OFFENSE  OR  OF  ANY
 DEFENSE OR AFFIRMATIVE DEFENSE PURSUANT TO THIS SECTION, THE COURT SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A4553B (ACTIVE) - Details

See Senate Version of this Bill:
S482
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §310.30, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8772
2023-2024: A1439, S1189

2021-A4553B (ACTIVE) - Summary

Allows for written instructions regarding elements to be supplied to a jury.

2021-A4553B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4553--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. SIMON, ZINERMAN, DICKENS, GRIFFIN, STECK, BURGOS,
   SEPTIMO,  CRUZ, DAVILA, GALEF -- read once and referred to the Commit-
   tee on Codes -- committee discharged, bill amended, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted to said committee
 
 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:
 
   Section 1. This act shall be known and may be  cited  as  the  "Tiarah
 Poyau Act".
   § 2. Section 310.30 of the criminal procedure law, as amended by chap-
 ter 208 of the laws of 1980, is amended to read as follows:
 § 310.30  Jury deliberation; request for information.
   At  any  time  during its deliberation, the jury may request the court
 for further instruction or information with respect  to  the  law,  with
 respect  to  the  content  or  substance  of any trial evidence, or with
 respect to any other matter pertinent to the jury's consideration of the
 case.  Upon such a request, the court  must  direct  that  the  jury  be
 returned to the courtroom and, after notice to both the people and coun-
 sel  for  the defendant, and in the presence of the defendant, must give
 such requested information or instruction as  the  court  deems  proper.
 With  the  consent  of  the parties and upon the request of the jury for
 further instruction with respect to a statute, the court may  also  give
 to  the jury copies of the text of any statute which, in its discretion,
 the court deems proper. IN ADDITION, WHERE  THE  JURY  REQUESTS  WRITTEN
 INSTRUCTIONS  REGARDING THE ELEMENTS OF ANY OFFENSE SUBMITTED, OR OF ANY
 DEFENSE OR AFFIRMATIVE DEFENSE SUBMITTED IN RELATION THERETO, THE  COURT
 MAY  PROVIDE  THE  JURY  WITH  SUCH WRITTEN INSTRUCTIONS AS THE JURY HAS
 REQUESTED AND THE COURT DEEMS PROPER.  BEFORE GIVING TO  THE  JURY  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04388-07-1

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