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Assembly Bill A3971

2015-2016 Legislative Session

Permits jury to consider lesser included offenses when it is unable to agree on a greater offense

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Archive: Last Bill Status - In Assembly Committee

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2015-A3971 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง300.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1512
2011-2012: A2192
2013-2014: A2800

2015-A3971 (ACTIVE) - Summary

Provides that whenever courts submit two or more offenses in the alternative to the jury, and the jury cannot agree on a verdict as to the greatest offense, the court may instruct the jury that it may go on to consider any lesser included offense of that count; provides, however, that the court must instruct the jury that if the defendant is convicted of a lesser included offense, he or she may not be retried on the greater offense.

2015-A3971 (ACTIVE) - Bill Text download pdf 

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

                                  3971

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Codes

AN  ACT to amend the criminal procedure law, in relation to jury consid-
  eration of lesser included offenses

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

  Section  1.  Subdivision 6 of section 300.50 of the criminal procedure
law is renumbered subdivision 7 and a new subdivision 6 is added to read
as follows:
  6. WHENEVER THE COURT SUBMITS TWO OR MORE OFFENSES IN THE  ALTERNATIVE
PURSUANT TO THIS SECTION, AND THE JURY COMMUNICATES TO THE COURT THAT IT
IS  UNABLE TO AGREE UPON A VERDICT WITH RESPECT TO THE GREATEST OFFENSE,
AND THE COURT CONCLUDES THAT SUCH AGREEMENT IS UNLIKELY WITHIN A REASON-
ABLE TIME, THE COURT MAY INSTRUCT THAT THE JURY MAY GO  ON  TO  CONSIDER
LESSER  INCLUDED  OFFENSES  OF THAT COUNT. IF THE COURT SO INSTRUCTS THE
JURY, IT MUST ALSO INSTRUCT THE JURY THAT IF THE DEFENDANT IS  CONVICTED
OF ANY SUCH LESSER INCLUDED OFFENSE, THE DEFENDANT CANNOT BE RETRIED FOR
THE GREATEST OFFENSE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05194-01-5

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