S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7751
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2019
                                ___________
 
 Introduced  by  M.  of A. WEPRIN, 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 SECOND DAY FOLLOWING
 SUCH  RECESS  OR,  FOR GOOD CAUSE SHOWN, BEYOND CLOSE OF BUSINESS ON THE
 THIRD DAY FOLLOWING RECESS OF JURY DELIBERATIONS  UNLESS  THE  DEFENDANT
 CONSENTS  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 termination 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.
              

                                                            LBD10947-03-9