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

                                   550

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to amend the criminal procedure law, in relation to waiving the
  right to a jury trial in certain instances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 320.10 of the criminal procedure law, subdivision 1
as  amended  by  chapter  367 of the laws of 1974, is amended to read as
follows:
S 320.10  Non-jury trial; when authorized.
  1. Except where the indictment charges the  crime  of  murder  in  the
first  degree,  the defendant, subject to the provisions of [subdivision
two] THIS SECTION, may at any time before trial waive a jury  trial  and
consent  to  a  trial  without a jury in the superior court in which the
indictment is pending.
  2. THE DEFENDANT AND THE PROSECUTION, SUBJECT  TO  THE  PROVISIONS  OF
THIS  SECTION,  MAY  AT  ANY  TIME  BEFORE  TRIAL WAIVE A JURY TRIAL AND
CONSENT TO A TRIAL WITHOUT A JURY IN THE SUPERIOR  COURT  IN  WHICH  THE
INDICTMENT  IS  PENDING WHEN SUCH INDICTMENT BROUGHT BEFORE THE SUPERIOR
COURT:
  (A) INVOLVES A DEFENDANT WHO IS A LAW ENFORCEMENT OFFICER;
  (B) ALLEGES A CRIME WHICH IS A VIOLENT  FELONY  OR  AN  ALLEGATION  OF
PUBLIC CORRUPTION; AND
  (C)  ALLEGES  CONDUCT  WHICH OCCURRED DURING THE COURSE OF THE DEFEND-
ANT'S EMPLOYMENT AND WITHIN THE SCOPE OF HIS OR HER OFFICIAL DUTIES.
  [2. Such] 3. THE waiver AUTHORIZED UNDER THIS SECTION must be in writ-
ing and must be signed by the [defendant] PARTY in person in open  court
in  the  presence  of the court, and with the approval of the court. 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

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

                                                           LBD00249-01-9

A. 550                              2

impermissible  procedural  advantage  or that the defendant is not fully
aware of the consequences of the choice he OR  SHE  is  making.  If  the
court  disapproves the waiver, it must state upon the record its reasons
for such disapproval.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.