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Senate Bill S9198

2017-2018 Legislative Session

Relates to the right of a defendant who has entered a plea of not guilty to an information which charges a misdemeanor to a jury trial

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2017-S9198 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §340.40, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S33
2021-2022: S689

2017-S9198 (ACTIVE) - Summary

Relates to the right of a defendant who has entered a plea of not guilty to an information which charges a misdemeanor to a jury trial.

2017-S9198 (ACTIVE) - Sponsor Memo

2017-S9198 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9198
 
                             I N  S E N A T E
 
                             December 7, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law, in relation to the right  of
   a  defendant  who  has  entered a plea of not guilty to an information
   which charges a misdemeanor to a jury trial
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 340.40 of the criminal procedure law, as amended by
 chapter  815  of  the laws of 1971 and subdivision 7 as added by chapter
 981 of the laws of 1971, is amended to read as follows:
 § [340.00] 340.40 Modes of trial.
   1. Except as otherwise provided in this section, a trial of an  infor-
 mation in a local criminal court must be a single judge trial.
   2.  In  any local criminal court a defendant who has entered a plea of
 not guilty to  an  information  which  charges  a  misdemeanor  must  be
 accorded  a  jury  trial,  conducted  pursuant  to article three hundred
 sixty[, except that in the New York city criminal court the trial of  an
 information which charges a misdemeanor for which the authorized term of
 imprisonment  is not more than six months must be a single judge trial].
 The defendant may at any time before trial waive a  jury  trial  in  the
 manner  prescribed in subdivision two of section 320.10 OF THIS CHAPTER,
 and consent to a single judge trial.
   3. A defendant entitled to a jury trial pursuant to subdivision two OF
 THIS SECTION, shall be so entitled  even  though  the  information  also
 charges  an  offense  for  which  he is otherwise not entitled to a jury
 trial. In such case, the defendant is not entitled both to a jury  trial
 and  a  separate single judge trial and the court may not order separate
 trials.
   [7.] 4. Notwithstanding any other provision of law, in any local crim-
 inal court the trial of a person who is an  eligible  youth  within  the
 meaning  of  the  youthful offender procedure set forth in article seven
 hundred twenty OF THIS CHAPTER and who has not prior to commencement  of
 the  trial  been convicted of a crime or adjudicated a youthful offender
 must be a single judge trial.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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