What's happening
This bill grants the right to a jury trial for all misdemeanor charges in local criminal courts, including those in New York City.
Why it matters
Expands the right to a jury trial for all misdemeanor charges. , even those in New York City that previously required only a judge trial for offenses with potential sentences of six months or less—this could change courtroom dynamics and case outcomes for thousands of defendants.
Gives defendants the explicit choice to waive a jury trial and opt for a judge trial. , thus reinforcing defendants’ autonomy over how their cases are heard and potentially influencing plea bargaining and trial strategies.
Maintains single-judge trials for eligible youthful offenders. , preserving a distinct, potentially less adversarial process for young people, even as adult misdemeanor defendants gain greater access to jury trials.
May increase the demand for jurors and court resources. , leading to longer trial dockets and greater logistical needs for local courts, especially in New York City, which previously relied heavily on judge-only misdemeanor trials.
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Who cares
Headline styles
Guarantee Jury Trials For Misdemeanors
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.209
- 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.
Jury Trials for Misdemeanors
Assembly Floor Calendar · Sponsor Joseph Lentol
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
33
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03195-01-9
S. 33 2
meaning of the youthful offender procedure set forth in article seven 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.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to the right of a defendant who has entered a plea of not guil- ty to an information which charges a misdemeanor to a jury trial
Summary of specific provisions
Section 1 of the bill amends section 340.40 of the criminal procedure law, as amended by chapter 815 of the laws of 1971, to eliminate the provision of law denying individuals charged with B misdemeanors in New York City Criminal Court the right to a jury trial. This section also makes technical amendments to section 340.40.
Section 2 of the bill is the effective date.
Justification
Currently, New York State grants a statutory right to a jury trial for anyone charged with any misdemeanor outside of New York City. Section 340.40 of the criminal procedure law creates an exception for individ- uals in New York City charged with a misdemeanor for which the author- ized term of imprisonment is not more than six months, effectively deny- ing anyone charged with a B misdemeanor and certain unclassified misdemeanor crimes the right to a jury trial.
In November 2018, the New York State Court of Appeals held that a noncitizen charged with a B misdemeanor, a crime that carried a penalty of deportation if he were convicted, was entitled under the Sixth Amend- ment of the United States Constitution to a jury trial, since the possi- ble deportation rendered the offense a serious one. (See PEOPLE v. SUAZO, 2018 NY Slip Op 08056, Nov. 27, 2018).
The Court's decision in SUAZO highlights the geographic disparity in jury trial rights that already exists in New York State and further complicates the question of who is entitled to a jury trial. This legis- lation would clarify that anyone charged with any level of misdemeanor in New York City is entitled to a trial in front of a jury of their peers, as they would have been if they had been charged in any other part of New York State. Defendants would retain their option under section 340.40 to waive their right to a jury trial in favor of a bench trial should they so choose.
Prior legislative history
S.9198 of 2018 (Hoylman): Died in Rules
Fiscal implications
To be determined.
Effective date
This act shall take effect on the first of July next succeeding the date upon which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.