STATE OF NEW YORK
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5034
2019-2020 Regular Sessions
IN SENATE
April 4, 2019
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Introduced by Sen. HOYLMAN -- 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 jury deliber-
ation requirements
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] forty-eight hours[, except that]. However, in the
11 case of a Saturday, Sunday or holiday, or a circumstance which consti-
12 tutes good cause to delay resuming deliberations, such separation may
13 extend beyond such [twenty-four] forty-eight hour period. Before each
14 recess, the court must admonish the jury as provided in section 270.40
15 of this chapter and direct it not to resume its deliberations until all
16 twelve jurors have reassembled in the designated place at the termi-
17 nation of the declared recess.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09796-02-9