|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 21, 2012||committed to rules|
|May 21, 2012||advanced to third reading|
|May 16, 2012||2nd report cal.|
|May 15, 2012||1st report cal.767|
|Mar 08, 2012||referred to codes|
senate Bill S6679
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6679 - Details
- Current Committee:
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §310.10, CP L
S6679 - Summary
Provides that jury deliberations may be suspended upon good cause shown for up to seventy two hours.
S6679 - Sponsor Memo
BILL NUMBER:S6679 TITLE OF BILL: An act to amend the criminal procedure law, in relation to suspending jury deliberations This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure. This measure would amend the Criminal Procedure Law to allow a trial court to suspend jury deliberations for up to forty-eight hours (excluding weekends and holidays) in appropriate cases. In 1995, the Legislature gave trial courts discretion to forego sequestration in most cases (L. 1995, c. 83). Over the next several years, the Legislature required the Chief Administrative Judge and the Office of Court Administration to conduct an annual study of the change and file a report with the Governor, the President of the Senate and the Speaker of the Assembly. The reports found that there were significant cost-savings to the change and that eliminating sequestration did not result in an increase in jury tampering or an increase the number of mistrials. After five years, the Legislature made permanent the changes and expanded the reach of the statute to permit trial courts to forego sequestration in all cases (L. 2001, c.
S6679 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6679 I N S E N A T E March 8, 2012 ___________ Introduced by Sen. SALAND -- (at request of the Office of Court Adminis- tration) -- 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 suspending jury deliberations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 310.10 of the criminal procedure law, as amended by chapter 47 of the laws of 2001, is amended to read as follows: 2. At any time after the jury has been charged or commenced its delib- erations, and after notice to the parties and affording such parties an opportunity to be heard on the record outside of the presence of the jury, the court may declare the deliberations to be in recess and may thereupon direct the jury to suspend its deliberations and to separate for a reasonable period of time to be specified by the court, not to exceed twenty-four hours OR, UPON GOOD CAUSE SHOWN, NOT TO EXCEED SEVEN- TY-TWO HOURS, except that in the case of a Saturday, Sunday or holiday, such separation may extend beyond such twenty-four OR SEVENTY-TWO hour period. Before each recess, the court must admonish the jury as provided in section 270.40 of this chapter and direct it not to resume its delib- erations until all twelve jurors have reassembled in the designated place at the termination of the declared recess. S 2. This act shall take effect immediately, and shall apply to all 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. LBD14172-01-2
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