Section 270.16. Capital cases; individual questioning for racial bias  


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  • 1.  In any case in which the crime charged may be punishable by death,
      the court shall, upon  motion  of  either  party,  permit  the  parties,
      commencing   with   the   people,  to  examine  the  prospective  jurors
      individually and outside the presence of the  other  prospective  jurors
      regarding  their  qualifications to serve as jurors. Each party shall be
      afforded a fair opportunity to question a prospective juror  as  to  any
      unexplored matter affecting his or her qualifications, including without
      limitation the possibility of racial bias on the part of the prospective
      juror, but the court shall not permit questioning that is repetitious or
      irrelevant,  or questions as to a prospective juror's knowledge of rules
      of law. If necessary to prevent improper questioning as to  any  matter,
      the  court  shall  personally  examine the prospective jurors as to that
      matter. The scope of such examination shall be within the discretion  of
      the  court.  After  the  parties  have concluded their examinations of a
      prospective juror, the court may ask such further questions as it  deems
      proper regarding the qualifications of the prospective juror.
        2.  The proceedings provided for in this section shall be conducted on
      the record; provided, however, that upon motion of either party, and for
      good  cause  shown,  the  court  may direct that all or a portion of the
      record of such proceedings be sealed.