senate Bill S689

Signed By Governor
2021-2022 Legislative Session

Relates 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

download bill text pdf

Sponsored By

Current Bill Status Via A4319 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 29, 2021 signed chap.806
Dec 17, 2021 delivered to governor
May 24, 2021 returned to assembly
passed senate
3rd reading cal.101
substituted for s689
May 24, 2021 substituted by a4319
Jan 25, 2021 advanced to third reading
Jan 20, 2021 2nd report cal.
Jan 19, 2021 1st report cal.101
Jan 06, 2021 referred to codes

Co-Sponsors

S689 (ACTIVE) - Details

See Assembly Version of this Bill:
A4319
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §340.40, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S9198
2019-2020: S33, A3462

S689 (ACTIVE) - Summary

Relates 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.

S689 (ACTIVE) - Sponsor Memo

S689 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    689
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. HOYLMAN, RIVERA -- 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

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