Provides for the preparation of written instructions by the chief administrator of the courts to be presented to each grand jury preliminary to assumption of their duties regarding the independent functions of the grand jury; provides that the court may provide a written summary of the charge to the jury.

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A2114-2011 Actions

• Jan 4, 2012: referred to codes
• Jan 13, 2011: referred to codes

A2114-2011 Text

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

                                    2114

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 13, 2011
                                 ___________

  Introduced by M. of A. McENENY -- Multi-Sponsored by -- M. of A. CAHILL,
    CLARK,  COLTON, COOK, GALEF, GOTTFRIED, JAFFEE, MAISEL, MILLMAN, REIL-
    LY, TOWNS, WEISENBERG -- read once and referred to  the  Committee  on
    Codes

  AN  ACT  to  amend  the criminal procedure law and the judiciary law, in
    relation to instructions to grand juries preliminary to assumption  of
    their  duties  and to amend the criminal procedure law, in relation to
    the charge to the jury

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


    Section  1. Section 190.20 of the criminal procedure law is amended by
  adding a new subdivision 7 to read as follows:

    7. (A) AFTER A GRAND JURY HAS BEEN SWORN, THE COURT  MUST  DELIVER  OR
  CAUSE  TO  BE  DELIVERED  TO  EACH  GRAND  JUROR  A  COPY OF THE WRITTEN
  INSTRUCTIONS FOR GRAND JURORS PREPARED BY THE CHIEF ADMINISTRATOR OF THE
  COURTS IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (S) OF SUBDIVISION
  TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW.
    (B) THE PRESIDING JUDGE SHALL REVIEW SUCH  WRITTEN  INSTRUCTIONS  WITH
  THE  JURORS  AFTER  HAVING  BEEN  SWORN AND PRELIMINARY TO ASSUMPTION OF
  THEIR DUTIES. THE PRESIDING JUDGE SHALL MAKE HIMSELF OR  HERSELF  AVAIL-
  ABLE  TO  ANSWER  QUESTIONS  OR  MAKE  FURTHER  CLARIFICATIONS  OF THESE
  INSTRUCTIONS.  NOTHING HEREIN SHALL PREVENT  THE  PRESIDING  JUDGE  FROM
  GIVING THE JURORS FURTHER GUIDANCE, AS HE OR SHE SHALL DETERMINE REGARD-
  ING  THE  LEGAL  DUTIES  OF THE GRAND JURY, AND ITS RESPONSIBILITIES AND
  OBJECTIVES AS DEFINED IN THIS ARTICLE.   IN ADDITION,  THE  JUDGE  SHALL
  REMIND  THE GRAND JURY OF ITS DUTIES AND RESPONSIBILITIES AT ANY TIME HE
  OR SHE SHALL DEEM NECESSARY, WHETHER SOLICITED BY THE GRAND JURY OR NOT.
    S 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
  adding a new paragraph (s) to read as follows:

    (S)  PREPARE  WRITTEN INSTRUCTIONS FOR GRAND JURORS, INCLUDING BUT NOT
  LIMITED TO THE FOLLOWING INFORMATION:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01816-01-1

 A. 2114                             2

    (I) THE GRAND JURY PERFORMS THE DUAL FUNCTION OF INVESTIGATING  CRIMI-
  NAL ACTIVITY TO DETERMINE WHETHER SUFFICIENT EVIDENCE EXISTS TO ACCUSE A
  CITIZEN  OF  A  CRIME,  AND  OF PROTECTING INDIVIDUALS FROM NEEDLESS AND
  UNFOUNDED PROSECUTIONS;
    (II)  IN A GRAND JURY PROCEEDING THE PROSECUTOR PERFORMS THE DUAL ROLE
  OF ADVOCATE AND PUBLIC OFFICER CHARGED WITH THE DUTY NOT ONLY TO  SECURE
  INDICTMENTS BUT ALSO TO SEE THAT JUSTICE IS DONE;
    (III)  THE  GRAND  JURY DERIVES ITS AUTHORITY FROM THE CONSTITUTION OF
  THE STATE OF NEW YORK, CONSTITUTES A PART OF THE COURT WHICH IMPANELS IT
  AND IS NOT AN INSTRUMENTALITY OF THE PROSECUTOR  OR  DISTRICT  ATTORNEY;
  AND
    (IV) SUCH OTHER INFORMATION AS THE CHIEF ADMINISTRATOR MAY DEEM NECES-
  SARY  AND  PROPER TO CLARIFY THE MISSION OF THE GRAND JURY IN THE INTER-
  ESTS OF JUSTICE.
    S 3. Subdivision  1 of section 300.10 of the criminal procedure law is
  amended to read as follows:

    1.  At the conclusion of the summations,  the  court  must  deliver  a
  charge  to  the  jury  AND  MAY PROVIDE A WRITTEN SUMMARY THEREOF TO THE
  JURY.
    S 4. This act shall take effect on the sixtieth  day  after  it  shall
  have become a law.