BILL NUMBER:A501

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing  an  amendment  to  section  2  of article 1 of the constitution, in
relation to the right of a trial by jury

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to  provide
a  jury  with  the  opportunity  to decide guilt or innocence in certain
criminal matters where the legislature determines  a  heightened  public
policy interest exists.

SUMMARY  OF PROVISIONS:   Amends section 2 of article 1 of the constitu-
tion to read that a jury trial may be waived by the defendant  in  [all]
criminal  cases, except those in which the crime charged may be punisha-
ble by death, by a written instrument signed by the defendant in  person
in  open  court  before and with the approval of a judge or justice of a
court having jurisdiction to try the offense;  provided,  however,  that
the  legislature  may,  by  law, require the approval and consent of the
district attorney in certain criminal cases.

JUSTIFICATION:   Throughout the history of  this  country,  juries  have
played a central role in our democracy as the constitutionally empowered
judicial  vehicle  for determining the innocence or guilt of a defendant
charged with a felony crime. It is critical  that  in  certain  matters,
such  as  those that involve alleged criminal activity or ethical trans-
gressions by public servants or  government  officials,  the  public  be
              

involved  in  the  process  of determining whether the defendant behaved
appropriately under the circumstances.

Consequently, in order for there to be  meaningful  public  involvement,
the  law  should encourage judicial determinations of guilt or innocence
that are made by a jury of twelve men and women who reflect the diversi-
ty of the community where the criminal act or violation of public  trust
allegedly  occurred.  However,  under  current  New York law, a criminal
defendant can unilaterally consent to a  bench  trial  in  most  circum-
stances,  even  where  there  are  important  public policy reasons that
justify resolution by a jury.

In contrast, pursuant to federal law, a criminal defendant can only  opt
out  of a jury trial where both the prosecution and the defense agree to
conduct the trial before a judge. This proposed legislation  will  amend
the  constitution  to permit the legislature to determine by law certain
circumstances where the nature of the crime justifies a requirement that
in addition to the defendant, the district attorney,  as  the  represen-
tative of the people, also consent to waiver of a jury trial.

PRIOR LEGISLATIVE HISTORY: New bill.

EFFECTIVE  DATE:    This  act shall take effect on the first of November
next succeeding the date on which it shall have become law.