STATE OF NEW YORK
________________________________________________________________________
501
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
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Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Codes
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 2 of article 1 of the constitution, in
relation to the right of a trial by jury
1 Section 1. Resolved (if the Senate concur), That section 2 of article
2 1 of the constitution be amended to read as follows:
3 § 2. Trial by jury in all cases in which it has heretofore been guar-
4 anteed by constitutional provision shall remain inviolate forever; but a
5 jury trial may be waived by the parties in all civil cases in the manner
6 to be prescribed by law. The legislature may provide, however, by law,
7 that a verdict may be rendered by not less than five-sixths of the jury
8 in any civil case. A jury trial may be waived by the defendant in [all]
9 criminal cases, except those in which the crime charged may be punisha-
10 ble by death, by a written instrument signed by the defendant in person
11 in open court before and with the approval of a judge or justice of a
12 court having jurisdiction to try the offense; provided, however, that
13 the legislature may, by law, require the approval and consent of the
14 district attorney in certain criminal cases. The legislature may enact
15 laws, not inconsistent herewith, governing the form, content, manner and
16 time of presentation of the instrument effectuating such waiver.
17 § 2. Resolved (if the Senate concur), That the foregoing amendment be
18 referred to the first regular legislative session convening after the
19 next succeeding general election of members of the assembly, and, in
20 conformity with section 1 of article 19 of the constitution, be
21 published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89001-02-9
