Bill Text: NY S06351 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2019-11-25 - SIGNED CHAP.569 [S06351 Detail]

Download: New_York-2019-S06351-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6351

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 6, 2019
                                       ___________

        Introduced by Sen. BAILEY -- (at request of the Office of Court Adminis-
          tration)  --  read  twice  and ordered printed, and when printed to be
          committed to the Committee on Rules

        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.
                                                                   LBD10947-03-9