Bill Text: NY A07751 | 2019-2020 | General Assembly | Introduced

Bill Title: Permits suspension of jury deliberations for a certain period of time.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-06-18 - substituted by s6351 [A07751 Detail]

Download: New_York-2019-A07751-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 20, 2019

        Introduced  by  M.  of A. WEPRIN, LENTOL -- (at request of the Office of
          Court Administration) -- read once and referred to  the  Committee  on

        AN  ACT  to  amend the criminal procedure law, in relation to suspending
          jury deliberations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 2 of section 310.10 of the criminal procedure
     2  law, as amended by chapter 47 of the laws of 2001, is amended to read as
     3  follows:
     4    2. At any time after the jury has been charged or commenced its delib-
     5  erations, and after notice to the parties and affording such parties  an
     6  opportunity  to  be  heard  on the record outside of the presence of the
     7  jury, the court may declare the deliberations to be in  recess  and  may
     8  thereupon  direct  the jury to suspend its deliberations and to separate
     9  for a reasonable period of time to be specified by the  court,  [not  to
    10  exceed  twenty-four hours, except that in the case of a Saturday, Sunday
    11  or holiday, such separation may  extend  beyond  such  twenty-four  hour
    12  period] not lasting beyond close of business on the second day following
    13  such  recess  or,  for good cause shown, beyond close of business on the
    14  third day following recess of jury deliberations  unless  the  defendant
    15  consents  to  a  longer  period  of  suspension  and separation. For the
    16  purposes of this section, where a day referred to  in  this  subdivision
    17  falls on a Saturday, Sunday or holiday, such day shall mean the next day
    18  thereafter  during  which  the  courthouse  is  open  for the conduct of
    19  trials.   Before each recess,  the  court  must  admonish  the  jury  as
    20  provided  in section 270.40 of this [chapter] title and direct it not to
    21  resume its deliberations until all twelve jurors have reassembled in the
    22  designated place at the termination of the declared recess.
    23    § 2. This act shall take effect immediately, and shall  apply  to  all
    24  criminal actions pending on or after such effective date.

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