A BILL TO BE ENTITLED
AN ACT to provide that the presiding trial judge in both civil and criminal cases has the sole discretion to determine whether jurors may take exhibits introduced into evidence in the jury room and that the consent of all parties is not necessary.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 15A‑1233 reads as rewritten:
"§ 15A‑1233.  Review of testimony; use of evidence by the jury.
(a)	If the jury after retiring for deliberation requests a review of certain testimony or other evidence, the jurors must be conducted to the courtroom. The court in its discretion, after notice to the prosecutor and defendant, may direct that requested parts of the testimony be read to the jury and may permit the jury to reexamine in open court the requested materials admitted into evidence. The court in its discretion may also have the jury review other evidence relating to the same factual issue so as not to give undue prominence to the evidence requested.
(b)	 The court in its discretion may permit the jury, upon retiring for deliberation, to take to the jury room a copy of the charges against the defendant. The court may permit the jury to take exhibits and writings that have been received in evidence, except depositions, and copies of instructions previously given.
(c)	The court may refrain from sending certain material to the jury room if the court determines either of the following:
(1)	That the material may be subjected to improper use by the jury or unduly prejudicial to any party. 
(2)	That the material might be dangerous to jurors or to others.
(d)	In sending any exhibits to the jury, the court should ensure that the evidentiary integrity of the exhibit is preserved."
SECTION 2.  Article 19 of Chapter 1 of the General Statutes is amended by adding a new section to read:
"§ 1‑181.2.  Use of evidence by the jury.
(a)	If the jury after retiring for deliberation requests a review of certain testimony or other evidence, the jurors must be conducted to the courtroom. The court in its discretion, after notice to the plaintiff and defendant, may direct that requested parts of the testimony be read to the jury and may permit the jury to reexamine in open court the requested materials admitted into evidence. The court in its discretion may also have the jury review other evidence relating to the same factual issue so as not to give undue prominence to the evidence requested.
(b)	The court in its discretion may permit the jury, upon retiring for deliberation, to take to the jury room a copy of the charges against the defendant. The court may permit the jury to take exhibits and writings that have been received in evidence, except depositions, and copies of instructions previously given.
(c)	The court may refrain from sending certain material to the jury room if the court determines either of the following:
(1)	That the material may be subjected to improper use by the jury or unduly prejudicial to any party.
(2)	That the material might be dangerous to jurors or to others.
(d)	In sending any exhibits to the jury, the court should ensure that the evidentiary integrity of the exhibit is preserved."
SECTION 3.  This act becomes effective October 1, 2005.