Bill Text: NY S06562 | 2017-2018 | General Assembly | Introduced


Bill Title: Permits suspension of jury deliberations beyond 24 or 72 hours on certain days.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S06562 Detail]

Download: New_York-2017-S06562-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6562
                               2017-2018 Regular Sessions
                    IN SENATE
                                      June 2, 2017
                                       ___________
        Introduced  by Sens. LANZA, GOLDEN -- (at request of the Office of Court
          Administration) -- 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  next  day  or,  for
    13  good  cause  shown,  beyond close of business on the third day following
    14  recess of jury deliberations unless both parties  consent  to  a  longer
    15  period  of  suspension and separation. For the purposes of this section,
    16  where a day referred to in this subdivision falls on a Saturday,  Sunday
    17  or holiday, such day shall mean the next day thereafter during which the
    18  courthouse  is  open for the conduct of trials.  Before each recess, the
    19  court must admonish the jury as  provided  in  section  270.40  of  this
    20  [chapter]  title and direct it not to resume its deliberations until all
    21  twelve jurors have reassembled in the designated  place  at  the  termi-
    22  nation 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.
                                                                   LBD10361-01-7
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