Senate Bill S1430

2015-2016 Legislative Session

Relates to waivers of jury trials

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • 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

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2015-S1430 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §320.10, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4745
2013-2014: S3294

2015-S1430 (ACTIVE) - Summary

Relates to waivers of jury trials.

2015-S1430 (ACTIVE) - Sponsor Memo

2015-S1430 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1430

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  O'MARA -- 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  waivers  of
  jury trials

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 320.10 of the  criminal  procedure
law is amended to read as follows:
  2.  Such waiver must be in writing and must be signed by the defendant
in  person  in  open  court  in  the presence of the court, and with the
approval of the court[. The] AND THE CONSENT OF THE  DISTRICT  ATTORNEY.
IF  THE DISTRICT ATTORNEY CONSENTS TO THE WAIVER, THE court must approve
the execution and submission of such waiver unless it determines that it
is tendered as a stratagem to procure an otherwise impermissible  proce-
dural  advantage  or that the defendant is not fully aware of the conse-
quences of the choice he is making.  If the court disapproves the  waiv-
er, it must state upon the record its reasons for such disapproval.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07422-01-5


              

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