senate Bill S3294

2013-2014 Legislative Session

Relates to waivers of jury trials

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 31, 2013 referred to codes

S3294 - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง320.10, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4745
2009-2010: A2054

S3294 - Summary

Relates to waivers of jury trials.

S3294 - Sponsor Memo

S3294 - Bill Text download pdf

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

                                  3294

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  O'MARA -- 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  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.
                                                           LBD08530-01-3

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