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Senate Bill S5034

2019-2020 Legislative Session

Relates to jury deliberation requirements

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Archive: Last Bill Status - Stricken

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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) - Summary

Extends the maximum separation period for jury deliberations from 24 hours to 48 hours, and provides that such separation may extend beyond such 48 hour period due to circumstances which constitute good cause to delay resuming such deliberations.

2019-S5034 (ACTIVE) - Sponsor Memo

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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