|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 09, 2016||committee discharged and committed to rules|
|Apr 22, 2016||referred to codes|
senate Bill S7373
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7373 (ACTIVE) - Details
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
BILL NUMBER: S7373 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 three days (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. 47).
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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