Bill Text: NY S04745 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to waivers of jury trials.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S04745 Detail]
Download: New_York-2011-S04745-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4745
2011-2012 Regular Sessions
I N S E N A T E
April 18, 2011
___________
Introduced by Sen. O'MARA -- 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 waivers of
jury trials
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 320.10 of the criminal procedure
2 law is amended to read as follows:
3 2. Such waiver must be in writing and must be signed by the defendant
4 in person in open court in the presence of the court, and with the
5 approval of the court[. The] AND THE CONSENT OF THE DISTRICT ATTORNEY.
6 IF THE DISTRICT ATTORNEY CONSENTS TO THE WAIVER, THE court must approve
7 the execution and submission of such waiver unless it determines that it
8 is tendered as a stratagem to procure an otherwise impermissible proce-
9 dural advantage or that the defendant is not fully aware of the conse-
10 quences of the choice he is making. If the court disapproves the waiv-
11 er, it must state upon the record its reasons for such disapproval.
12 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09717-01-1
