BILL NUMBER: S1189

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to jury deliber-
ations

 
PURPOSE OR GENERAL IDEA OF BILL:

the purpose of the bill is to amend the criminal procedure law, in
relation to jury deliberation.

 
SUMMARY OF SPECIFIC PROVISIONS:

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
chapter 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 counsel 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.

 
JUSTIFICATION:

This bill aims to provide jurors with written information and instruc-
tion pertinent to consideration of the case. Doing so will alleviate the
stress of having to remember crucial definitions that can potentially
determine the faith of a trial, especially knowing that both oral
instruction and jury verdict forms are not easy to understand.

In 2016, Tiarah Poyau's life was taken due to a senseless gun violence
act at a well-known festival in Brooklyn. She was in her last year of a
five-year program at St. John's College, where she was studying to be an
accountant.

Based on the New York State Unified Court System, 465,365 jurors
appeared for service in 2019. When cases are tried continuously, it is
easier for the jurors to deliberate their findings or deliberations when
giving written instructions that can be helpful to them. The State of
New York does not permit jurors to take the jury instruction with them
to the deliberation room. This legislation permits a trial judge to
respond to a deliberating jury's request for written instructions on the
elements of one or more of the crimes or defenses submitted by providing
the requested materials to the jury.

It is not uncommon, especially in complex prosecutions involving numer-
ous counts with multiple defendants, for a deliberating jury to ask the
trial judge to provide them with written instructions on elements of
some or all of the offenses submitted, and any related defenses. There
is nothing in the existing law that permits a court to provide the jury
with these materials. A trial: judge who complies with such a request,
especially without first obtaining the defendant's consent, may be
committing a reversible error, hence People v. Damiano (1995); People v.
Johnson (1993) and People v.  Owens (1987).

When the court provides jurors with a written definition of the differ-
ent charges they have to consider during a trial, it can ensure the jury
deliberation process would be fair. This can result in victim families
getting the trial they deserve. No family member would like to see the
killer of their loved one receiving a lesser charge than what they
should get. With this legislation, there would be no need to obtain the
consent of the parties before such submission. Counsel for both parties
would be permitted to examine the written instructions and listen to
thereon. Then the documents are marked as a court exhibit before their
submission to the jury.  Before submitting the written instruction, the
judge would have to re-read the instruction to the jury. This measure
would facilitate the deliberative process by allowing a jury that
requests to take into its deliberations written instructions regarding
the elements or defenses submitted for its consideration.

In Oregon and, Virginia jurors can take the written copies of the jury
instruction to the jury room. Arizona State allows jurors to take notes
that must remain in the jury room. The State of Texas allows jurors to
take notes to be able to refresh their memory.

This bill allows jurors to request information or instruction from the
court that is relevant to the current trial. Doing so will prevent
jurors from delivering inconsistent answers on the verdict forms as well
as other comprehension errors.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022 S482B Referred to Rules

2019-2020 S8772 referred to Rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all trials
commenced on or after such effective date.