Kavanagh, Espaillat, Camara, Peralta, Robinson, Cook, Rivera N
MLTSPNSR
Boyland, Clark, Hikind, Peoples-Stokes, Rivera J
Amd S320.10, CP L
Allows the waiver of a jury trial upon consent by the defendant and the prosecution in indictments where the defendant is a law enforcement officer, the alleged crime is a violent felony or an allegation of public corruption and the conduct allegedly occurred during official duties.
STATE OF NEW YORK
________________________________________________________________________
550
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to waiving the
right to a jury trial in certain instances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 320.10 of the criminal procedure law, subdivision 1
2 as amended by chapter 367 of the laws of 1974, is amended to read as
3 follows:
4 § 320.10 Non-jury trial; when authorized.
5 1. Except where the indictment charges the crime of murder in the
6 first degree, the defendant, subject to the provisions of [subdivision
7 two] this section, may at any time before trial waive a jury trial and
8 consent to a trial without a jury in the superior court in which the
9 indictment is pending.
10 2. The defendant and the prosecution, subject to the provisions of
11 this section, may at any time before trial waive a jury trial and
12 consent to a trial without a jury in the superior court in which the
13 indictment is pending when such indictment brought before the superior
14 court:
15 (a) involves a defendant who is a law enforcement officer;
16 (b) alleges a crime which is a violent felony or an allegation of
17 public corruption; and
18 (c) alleges conduct which occurred during the course of the defend-
19 ant's employment and within the scope of his or her official duties.
20 [2. Such] 3. The waiver authorized under this section must be in writ-
21 ing and must be signed by the [defendant] party in person in open court
22 in the presence of the court, and with the approval of the court. The
23 court must approve the execution and submission of such waiver unless it
24 determines that it is tendered as a stratagem to procure an otherwise
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00249-01-9
A. 550 2
1 impermissible procedural advantage or that the defendant is not fully
2 aware of the consequences of the choice he or she is making. If the
3 court disapproves the waiver, it must state upon the record its reasons
4 for such disapproval.
5 § 2. This act shall take effect on the first of November next succeed-
6 ing the date on which it shall have become a law.
