Bill Text: NY A02591 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 2591 (Prior Session Legislation)

Introduced

Bill Title: Provides that the legislature may require the consent of the district attorney to the defendant's waiver of a jury trial in certain circumstances.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2012-01-18 - to attorney-general for opinion [A02591 Detail]

Download: New_York-2011-A02591-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2591
                              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, COOK -- Multi-Spon-
         sored by --  M.  of  A.    BOYLAND,  CLARK,  HEASTIE,  PEOPLES-STOKES,
         J. RIVERA -- read once and referred to the Committee on Codes
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing an amendment to section 2 of article 1 of the constitution, in
         relation to the right of a trial by jury
    1    Section  1. Resolved (if the Senate concur), That section 2 of article
    2  1 of the constitution be amended to read as follows:
    3    S 2. Trial by jury in all cases in which it has heretofore been  guar-
    4  anteed by constitutional provision shall remain inviolate forever; but a
    5  jury trial may be waived by the parties in all civil cases in the manner
    6  to  be  prescribed by law. The legislature may provide, however, by law,
    7  that a verdict may be rendered by not less than five-sixths of the  jury
    8  in  any civil case. A jury trial may be waived by the defendant in [all]
    9  criminal cases, except those in which the crime charged may be  punisha-
   10  ble  by death, by a written instrument signed by the defendant in person
   11  in open court before and with the approval of a judge or  justice  of  a
   12  court  having  jurisdiction  to try the offense; PROVIDED, HOWEVER, THAT
   13  THE LEGISLATURE MAY, BY LAW, REQUIRE THE APPROVAL  AND  CONSENT  OF  THE
   14  DISTRICT  ATTORNEY IN CERTAIN CRIMINAL CASES.  The legislature may enact
   15  laws, not inconsistent herewith, governing the form, content, manner and
   16  time of presentation of the instrument effectuating such waiver.
   17    S 2. Resolved (if the Senate concur), That the foregoing amendment  be
   18  referred  to  the  first regular legislative session convening after the
   19  next succeeding general election of members of  the  assembly,  and,  in
   20  conformity  with  section  1  of  article  19  of  the  constitution, be
   21  published for 3 months previous to the time of such election.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89053-01-1