Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2014 |
referred to codes |
Jan 18, 2013 |
referred to codes |
Assembly Bill A2800
2013-2014 Legislative Session
Sponsored By
WRIGHT
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
multi-Sponsors
N. Nick Perry
2013-A2800 (ACTIVE) - Details
2013-A2800 (ACTIVE) - Summary
Provides that whenever courts submit two or more offenses in the alternative to the jury, and the jury cannot agree on a verdict as to the greatest offense, the court may instruct the jury that it may go on to consider any lesser included offense of that count; provides, however, that the court must instruct the jury that if the defendant is convicted of a lesser included offense, he or she may not be retried on the greater offense.
2013-A2800 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2800 2013-2014 Regular Sessions I N A S S E M B L Y January 18, 2013 ___________ Introduced by M. of A. WRIGHT -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to jury consid- eration of lesser included offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 300.50 of the criminal procedure law is renumbered subdivision 7 and a new subdivision 6 is added to read as follows: 6. WHENEVER THE COURT SUBMITS TWO OR MORE OFFENSES IN THE ALTERNATIVE PURSUANT TO THIS SECTION, AND THE JURY COMMUNICATES TO THE COURT THAT IT IS UNABLE TO AGREE UPON A VERDICT WITH RESPECT TO THE GREATEST OFFENSE, AND THE COURT CONCLUDES THAT SUCH AGREEMENT IS UNLIKELY WITHIN A REASON- ABLE TIME, THE COURT MAY INSTRUCT THAT THE JURY MAY GO ON TO CONSIDER LESSER INCLUDED OFFENSES OF THAT COUNT. IF THE COURT SO INSTRUCTS THE JURY, IT MUST ALSO INSTRUCT THE JURY THAT IF THE DEFENDANT IS CONVICTED OF ANY SUCH LESSER INCLUDED OFFENSE, THE DEFENDANT CANNOT BE RETRIED FOR THE GREATEST OFFENSE. S 2. This act shall take effect on the ninetieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00640-01-3
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