Bill Text: NY A00550 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 550 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the criminal procedure law, in relation to waiving the right to a jury trial in certain instances

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A00550 Detail]

Download: New_York-2009-A00550-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          550
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
         tee on Codes
       AN  ACT  to amend the criminal procedure law, in relation to waiving the
         right to a jury trial in certain instances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 320.10 of the criminal procedure law, subdivision 1
    2  as  amended  by  chapter  367 of the laws of 1974, is amended to read as
    3  follows:
    4  S 320.10  Non-jury trial; when authorized.
    5    1. Except where the indictment charges the  crime  of  murder  in  the
    6  first  degree,  the defendant, subject to the provisions of [subdivision
    7  two] THIS SECTION, may at any time before trial waive a jury  trial  and
    8  consent  to  a  trial  without a jury in the superior court in which the
    9  indictment is pending.
   10    2. THE DEFENDANT AND THE PROSECUTION, SUBJECT  TO  THE  PROVISIONS  OF
   11  THIS  SECTION,  MAY  AT  ANY  TIME  BEFORE  TRIAL WAIVE A JURY TRIAL AND
   12  CONSENT TO A TRIAL WITHOUT A JURY IN THE SUPERIOR  COURT  IN  WHICH  THE
   13  INDICTMENT  IS  PENDING WHEN SUCH INDICTMENT BROUGHT BEFORE THE SUPERIOR
   14  COURT:
   15    (A) INVOLVES A DEFENDANT WHO IS A LAW ENFORCEMENT OFFICER;
   16    (B) ALLEGES A CRIME WHICH IS A VIOLENT  FELONY  OR  AN  ALLEGATION  OF
   17  PUBLIC CORRUPTION; AND
   18    (C)  ALLEGES  CONDUCT  WHICH OCCURRED DURING THE COURSE OF THE DEFEND-
   19  ANT'S EMPLOYMENT AND WITHIN THE SCOPE OF HIS OR HER OFFICIAL DUTIES.
   20    [2. Such] 3. THE waiver AUTHORIZED UNDER THIS SECTION must be in writ-
   21  ing and must be signed by the [defendant] PARTY in person in open  court
   22  in  the  presence  of the court, and with the approval of the court. The
   23  court must approve the execution and submission of such waiver unless it
   24  determines that it is tendered as a stratagem to  procure  an  otherwise
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00249-01-9
       A. 550                              2
    1  impermissible  procedural  advantage  or that the defendant is not fully
    2  aware of the consequences of the choice he OR  SHE  is  making.  If  the
    3  court  disapproves the waiver, it must state upon the record its reasons
    4  for such disapproval.
    5    S 2. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.