Bill Text: NY A02800 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 2800 (Prior Session Legislation)

Introduced

Bill Title: Provides that whenever courts submit two or more offenses in the alternative to the jury, and the jury cannot agree on a verdict as to the greatest offense, the court may instruct the jury that it may go on to consider any lesser included offense of that count; provides, however, that the court must instruct the jury that if the defendant is convicted of a lesser included offense, he or she may not be retried on the greater offense.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A02800 Detail]

Download: New_York-2013-A02800-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2800
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 18, 2013
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Codes
       AN  ACT to amend the criminal procedure law, in relation to jury consid-
         eration of lesser included offenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 6 of section 300.50 of the criminal procedure
    2  law is renumbered subdivision 7 and a new subdivision 6 is added to read
    3  as follows:
    4    6. WHENEVER THE COURT SUBMITS TWO OR MORE OFFENSES IN THE  ALTERNATIVE
    5  PURSUANT TO THIS SECTION, AND THE JURY COMMUNICATES TO THE COURT THAT IT
    6  IS  UNABLE TO AGREE UPON A VERDICT WITH RESPECT TO THE GREATEST OFFENSE,
    7  AND THE COURT CONCLUDES THAT SUCH AGREEMENT IS UNLIKELY WITHIN A REASON-
    8  ABLE TIME, THE COURT MAY INSTRUCT THAT THE JURY MAY GO  ON  TO  CONSIDER
    9  LESSER  INCLUDED  OFFENSES  OF THAT COUNT. IF THE COURT SO INSTRUCTS THE
   10  JURY, IT MUST ALSO INSTRUCT THE JURY THAT IF THE DEFENDANT IS  CONVICTED
   11  OF ANY SUCH LESSER INCLUDED OFFENSE, THE DEFENDANT CANNOT BE RETRIED FOR
   12  THE GREATEST OFFENSE.
   13    S  2.  This  act shall take effect on the ninetieth day after it shall
   14  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00640-01-3