Bill Text: NY S01430 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 1430 (Prior Session Legislation)

Introduced

Bill Title: Relates to waivers of jury trials.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S01430 Detail]

Download: New_York-2015-S01430-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1430
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 12, 2015
                                      ___________
       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:
    1    Section 1. Subdivision 2 of section 320.10 of the  criminal  procedure
    2  law is amended to read as follows:
    3    2.  Such waiver must be in writing and must be signed by the defendant
    4  in  person  in  open  court  in  the presence of the court, and with the
    5  approval of the court[. The] AND THE CONSENT OF THE  DISTRICT  ATTORNEY.
    6  IF  THE DISTRICT ATTORNEY CONSENTS TO THE WAIVER, THE court must approve
    7  the execution and submission of such waiver unless it determines that it
    8  is tendered as a stratagem to procure an otherwise impermissible  proce-
    9  dural  advantage  or that the defendant is not fully aware of the conse-
   10  quences of the choice he is making.  If the court disapproves the  waiv-
   11  er, it must state upon the record its reasons for such disapproval.
   12    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07422-01-5