Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to codes |
Jan 31, 2013 |
referred to codes |
Senate Bill S3294
2013-2014 Legislative Session
Sponsored By
(R, C) 58th Senate District
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
Actions
2013-S3294 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง320.10, CP L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S4745
2015-2016: S1430
2013-S3294 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3294 TITLE OF BILL: An act to amend the criminal procedure law, in relation to waivers of jury trials PURPOSE: To require the district attorney's consent for a defendant to waive a jury trial. SUMMARY OF PROVISIONS: Section 1 amends subdivision 2 of section 320.10 of the criminal proce- dure law to require that when a defendant wishes to waive his right to a jury, the district attorney must also consent to the waiver. Section 2 provides that this act shall take effect immediately. JUSTIFICATION: Although there is a fundamental right to a jury trial, prior to 1937 the New York Constitution was construed as barring defend- ant's waiver of a jury trial of a felony. People v. Cosmos, 205 N.Y. 91 (1912). By enactment of Article 320 of the criminal procedure law defendants were granted the right to waive, except where the crime charged may be punished by death. The right is not absolute and must currently have the approval of a judge or justice of the court having jurisdiction to try the case. Under federal practice the consent of the government as well as the approval of the court is required. FRCRP 25 el;Singer v. United States,
2013-S3294 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3294 2013-2014 Regular Sessions I N S E N A T E January 31, 2013 ___________ 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. LBD08530-01-3
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