Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 15, 2020 |
recommit, enacting clause stricken |
Jan 08, 2020 |
referred to codes |
Apr 04, 2019 |
referred to codes |
Senate Bill S5034
2019-2020 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - Stricken
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
(D) 16th Senate District
2019-S5034 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6086
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §310.10, CP L
2019-S5034 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5034 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the criminal procedure law, in relation to jury deliberation requirements PURPOSE OR GENERAL IDEA OF BILL: To extend recess of the jury in an event which constitutes a delay in resuming deliberations of a case within the current twenty-four hour period. SUMMARY OF PROVISIONS: Section 1. Amends by adding to 310.10 (2) of the criminal procedure law, which gives judges express statutory authority to extended recess in deliberations to separate for a time period not exceeding a forty-eight hour period, except in the case of a Saturday, Sunday or holiday, or a circumstance which constitutes good cause to delay resuming deliber- ations.
2019-S5034 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5034 2019-2020 Regular Sessions I N S E N A T E April 4, 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 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
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