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Assembly Bill A7031A

2015-2016 Legislative Session

Permits suspension of jury deliberations for a certain period of time

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

2015-A7031 - Details

See Senate Version of this Bill:
S7373
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §310.10, CP L

2015-A7031 - Summary

Permits suspension of jury deliberations not lasting beyond close of business on the next day or, for good cause shown, beyond close of business on the third day following recess of jury deliberations unless both parties consent to a longer period of suspension and separation.

2015-A7031 - Bill Text download pdf 

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

                                  7031

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 20, 2015
                               ___________

Introduced  by  M.  of  A.  LENTOL -- (at request of the Office of Court
  Administration) -- read once and referred 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] TITLE and direct it  not  to  resume
its deliberations until all twelve jurors have reassembled in the desig-
nated 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.
                                                           LBD09724-01-5

2015-A7031A (ACTIVE) - Details

See Senate Version of this Bill:
S7373
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §310.10, CP L

2015-A7031A (ACTIVE) - Summary

Permits suspension of jury deliberations not lasting beyond close of business on the next day or, for good cause shown, beyond close of business on the third day following recess of jury deliberations unless both parties consent to a longer period of suspension and separation.

2015-A7031A (ACTIVE) - Bill Text download pdf 

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

                                 7031--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 20, 2015
                               ___________

Introduced  by  M.  of  A.  LENTOL -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with Assembly Rule
  3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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, except that in the case of a Saturday, Sunday
or holiday, such separation may  extend  beyond  such  twenty-four  hour
period]  NOT  LASTING  BEYOND  CLOSE OF BUSINESS ON THE NEXT DAY OR, FOR
GOOD CAUSE SHOWN, BEYOND CLOSE OF BUSINESS ON THE  THIRD  DAY  FOLLOWING
RECESS  OF  JURY  DELIBERATIONS  UNLESS BOTH PARTIES CONSENT TO A LONGER
PERIOD OF SUSPENSION AND SEPARATION. FOR THE PURPOSES OF  THIS  SECTION,
WHERE  A DAY REFERRED TO IN THIS SUBDIVISION FALLS ON A SATURDAY, SUNDAY
OR HOLIDAY, SUCH DAY SHALL MEAN THE NEXT DAY THEREAFTER DURING WHICH THE
COURTHOUSE IS OPEN FOR THE CONDUCT OF TRIALS.  Before each  recess,  the
court  must  admonish  the  jury  as  provided in section 270.40 of this
[chapter] TITLE and direct it not to resume its deliberations until  all
twelve  jurors  have  reassembled  in the designated place at the termi-
nation 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

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