Bill Text: NY A02590 | 2011-2012 | General Assembly | Introduced
Bill Title: Allows the waiver of a jury trial upon consent by the defendant and the prosecution in indictments where the defendant is a law enforcement officer, the alleged crime is a violent felony or an allegation of public corruption and the conduct allegedly occurred during official duties.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2012-01-04 - referred to codes [A02590 Detail]
Download: New_York-2011-A02590-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2590 2011-2012 Regular Sessions I N A S S E M B L Y January 19, 2011 ___________ Introduced by M. of A. JEFFRIES, KAVANAGH, CAMARA, ROBINSON, COOK, N. RIVERA -- Multi-Sponsored by -- M. of A. BOYLAND, CLARK, PEOPLES-STOKES, J. RIVERA -- read once and referred to the Committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05023-01-1 A. 2590 2 1 determines that it is tendered as a stratagem to procure an otherwise 2 impermissible procedural advantage or that the defendant is not fully 3 aware of the consequences of the choice he OR SHE is making. If the 4 court disapproves the waiver, it must state upon the record its reasons 5 for such disapproval. 6 S 2. This act shall take effect on the first of November next succeed- 7 ing the date on which it shall have become a law.