What's happening
This bill guarantees a jury trial for all misdemeanor defendants in New York local criminal courts, removing exceptions for lesser offenses.
Why it matters
Expands jury trial rights. By removing exceptions for low-level misdemeanors, the bill ensures that all defendants facing misdemeanor charges in local courts—regardless of the potential sentence—can demand a jury trial, increasing procedural protections and aligning with broader interpretations of due process.
Potential for increased court resources and delays. Guaranteeing jury trials for all misdemeanors could lead to a significant rise in jury trials, requiring more resources, time, and logistics from the local court system, which may result in longer case processing times.
Greater leverage for misdemeanor defendants. The right to a jury trial can give defendants more negotiating power in plea discussions, as prosecutors may be less willing to bring certain cases to a full jury trial, potentially leading to more favorable outcomes for defendants.
Youthful offender exception remains. The bill preserves the rule that youthful offenders (those eligible under Article 720) must still have their cases tried before a judge only, maintaining a distinct process for young defendants even as rights expand for others.
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Who cares
Headline styles
Jury Trials for Misdemeanors
Plain English, a few words. Used as the page title.
Sponsors
History
- Ordered to third reading cal.144
- Advanced to third reading cal.134
- Reported
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Guarantee Jury Trials For Misdemeanors
In Senate Committee · Codes · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3462
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the right of a defendant who has entered a plea of not guilty to an information which charges a misdemeanor to a jury trial
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 340.40 of the criminal procedure law, as amended by chapter 815 of the laws of 1971 and subdivision 7 as added by chapter 981 of the laws of 1971, is amended to read as follows: § [340.00] 340.40 Modes of trial.
1. Except as otherwise provided in this section, a trial of an information in a local criminal court must be a single judge trial.
2. In any local criminal court a defendant who has entered a plea of not guilty to an information which charges a misdemeanor must be accorded a jury trial, conducted pursuant to article three hundred sixty[, except that in the New York city criminal court the trial of an information which charges a misdemeanor for which the authorized term of imprisonment is not more than six months must be a single judge trial]. The defendant may at any time before trial waive a jury trial in the manner prescribed in subdivision two of section 320.10 of this chapter, and consent to a single judge trial.
3. A defendant entitled to a jury trial pursuant to subdivision two of this section, shall be so entitled even though the information also charges an offense for which he is otherwise not entitled to a jury trial. In such case, the defendant is not entitled both to a jury trial and a separate single judge trial and the court may not order separate trials.
[7.] 4. Notwithstanding any other provision of law, in any local criminal court the trial of a person who is an eligible youth within the meaning of the youthful offender procedure set forth in article seven
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03195-01-9
A. 3462 2
hundred twenty of this chapter and who has not prior to commencement of the trial been convicted of a crime or adjudicated a youthful offender must be a single judge trial.
§ 2. This act shall take effect on the first of July next succeeding the date upon which it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.