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Assembly Bill A7448

2017-2018 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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2017-A7448 (ACTIVE) - Details

See Senate Version of this Bill:
S6562
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §310.10, CP L

2017-A7448 (ACTIVE) - Summary

Permits suspension of jury deliberations beyond 24 or 72 hours on certain days.

2017-A7448 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7448
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 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, 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.
   §  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.
                                                            LBD10361-01-7

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