S T A T E O F N E W Y O R K
________________________________________________________________________
6086
2019-2020 Regular Sessions
I N A S S E M B L Y
February 27, 2019
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to jury deliber-
ation requirements
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] FORTY-EIGHT hours[, except that]. HOWEVER, in the
case of a Saturday, Sunday or holiday, OR A CIRCUMSTANCE WHICH CONSTI-
TUTES GOOD CAUSE TO DELAY RESUMING DELIBERATIONS, such separation may
extend beyond such [twenty-four] FORTY-EIGHT hour period. Before each
recess, the court must admonish the jury as provided in section 270.40
of this chapter 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09796-02-9