senate Bill S7373

2015-2016 Legislative Session

Permits suspension of jury deliberations for a certain period of time

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2016 committee discharged and committed to rules
Apr 22, 2016 referred to codes

S7373 (ACTIVE) - Details

See Assembly Version of this Bill:
A7031
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง310.10, CP L

S7373 (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.

S7373 (ACTIVE) - Sponsor Memo

S7373 (ACTIVE) - Bill Text download pdf

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

                                  7373

                            I N  S E N A T E

                             April 22, 2016
                               ___________

Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
  istration)  --  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, 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
                      [ ] is old law to be omitted.
S                                                          LBD09724-03-6

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