Senate Bill S33

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    33
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03195-01-9

 S. 33                               2
 
 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.
   §  2.  This act shall take effect on the first of July next succeeding
 the date upon which it shall have become a  law.  Effective  immediately
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made on or before such date.