Assembly Bill A2054

2009-2010 Legislative Session

Relates to waivers of jury trials

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2054 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §320.10, CP L

2009-A2054 (ACTIVE) - Summary

Relates to waivers of jury trials.

2009-A2054 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2054

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. O'MARA -- read once and referred 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:

  Section  1.  Subdivision 2 of section 320.10 of the criminal procedure
law is amended to read as follows:
  2.  Such waiver must be in writing and must be signed by the defendant
in person in open court in the presence  of  the  court,  and  with  the
approval  of  the court[. The] AND THE CONSENT OF THE DISTRICT ATTORNEY.
IF THE DISTRICT ATTORNEY CONSENTS TO THE WAIVER, THE court must  approve
the execution and submission of such waiver unless it determines that it
is  tendered as a stratagem to procure an otherwise impermissible proce-
dural advantage or that the defendant is not fully aware of  the  conse-
quences  of the choice he is making.  If the court disapproves the waiv-
er, it must state upon the record its reasons for such disapproval.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03324-01-9

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