A00550 Summary:

BILL NOA00550
 
SAME ASNo same as
 
SPONSORJeffries
 
COSPNSRKavanagh, Espaillat, Camara, Peralta, Robinson, Cook, Rivera N
 
MLTSPNSRBoyland, 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.
Go to top    

A00550 Actions:

BILL NOA00550
 
01/07/2009referred to codes
01/06/2010referred to codes
Go to top

A00550 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A00550 Text:



 
                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.
Go to top