Bill Text: NY S05034 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 5034 (Prior Session Legislation)

Introduced

Bill Title: Extends the maximum separation period for jury deliberations from 24 hours to 48 hours, and provides that such separation may extend beyond such 48 hour period due to circumstances which constitute good cause to delay resuming such deliberations.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-15 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05034 Detail]

Download: New_York-2019-S05034-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          5034
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 4, 2019
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the criminal procedure law, in relation to jury deliber-
          ation requirements
          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]  forty-eight hours[, except that]. However, in the
    11  case of a Saturday, Sunday or holiday, or a circumstance  which  consti-
    12  tutes  good  cause  to delay resuming deliberations, such separation may
    13  extend beyond such [twenty-four] forty-eight hour  period.  Before  each
    14  recess,  the  court must admonish the jury as provided in section 270.40
    15  of this chapter and direct it not to resume its deliberations until  all
    16  twelve  jurors  have  reassembled  in the designated place at the termi-
    17  nation of the declared recess.
    18    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09796-02-9