New York State Assembly

 
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A07031 Summary:

A07031 Actions:

A07031 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:06/06/2016AYE/NAY:18/3  Action: Favorable refer to committee Rules        
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Hevesi
Aye
Montesano
Nay
Wright
Absent
Ra
Aye
Pretlow
Aye
Tenney
Nay
Cook
Aye
Cymbrowitz
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye

Committee:RULES   Chair:Heastie      
DATE:06/07/2016AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Aye
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Wright
Excused
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A07031 Floor Votes:

A07031 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7031--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 20, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  LENTOL -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Codes --
          recommitted to the Committee on Codes in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee

        AN  ACT  to  amend the criminal procedure law, in relation to suspending
          jury deliberations
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 2 of section 310.10 of the criminal procedure
     2  law, as amended by chapter 47 of the laws of 2001, is amended to read as
     3  follows:
     4    2. At any time after the jury has been charged or commenced its delib-
     5  erations, and after notice to the parties and affording such parties  an
     6  opportunity  to  be  heard  on the record outside of the presence of the
     7  jury, the court may declare the deliberations to be in  recess  and  may
     8  thereupon  direct  the jury to suspend its deliberations and to separate
     9  for a reasonable period of time to be specified by the  court,  [not  to
    10  exceed  twenty-four hours, except that in the case of a Saturday, Sunday
    11  or holiday, such separation may  extend  beyond  such  twenty-four  hour
    12  period]  not  lasting  beyond  close of business on the next day or, for
    13  good cause shown, beyond close of business on the  third  day  following
    14  recess  of  jury  deliberations  unless both parties consent to a longer
    15  period of suspension and separation. For the purposes of  this  section,
    16  where  a day referred to in this subdivision falls on a Saturday, Sunday
    17  or holiday, such day shall mean the next day thereafter during which the
    18  courthouse is open for the conduct of trials.  Before each  recess,  the
    19  court  must  admonish  the  jury  as  provided in section 270.40 of this
    20  [chapter] title and direct it not to resume its deliberations until  all
    21  twelve  jurors  have  reassembled  in the designated place at the termi-
    22  nation of the declared recess.
    23    § 2. This act shall take effect immediately, and shall  apply  to  all
    24  criminal actions pending on or after such effective date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09724-02-6