What's happening
This bill extends the maximum jury deliberation recess from 24 to 48 hours and allows further extension for good cause.
Why it matters
Increases Flexibility for Jury Deliberations. By doubling the standard maximum recess period from 24 to 48 hours, the bill gives courts and juries more flexibility to manage long or complicated trials without potentially rushing deliberations or risking mistrials due to scheduling conflicts.
Acknowledges Real-World Complications. The explicit allowance for further extensions in cases of “good cause” (such as emergencies, juror illness, or unforeseen logistical issues) recognizes that strict time limits can sometimes undermine the fairness or practicality of the deliberation process.
Potential Impacts on Jurors and Defendants. Longer permitted recesses could help reduce juror stress and fatigue, improving decision-making quality, but could also prolong the uncertainty for defendants and victims waiting for a verdict, possibly impacting their wellbeing.
Judicial Oversight Remains. The requirement for notice and an opportunity for parties to be heard before granting or extending a recess ensures that the process remains transparent and balanced, protecting the interests of both prosecution and defense.
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Who cares
Headline styles
Extend Jury Recess Time
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Recommit, enacting clause stricken
- Referred to codes
- 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.
Extend Jury Break Time
In Assembly Committee · Codes · Sponsor David Weprin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5034
2019-2020 Regular Sessions
IN SENATE
April 4, 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 jury deliberation requirements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 310.10 of the criminal procedure law, as amended by chapter 47 of the laws of 2001, is amended to read as follows:
2. At any time after the jury has been charged or commenced its deliberations, and after notice to the parties and affording such parties an opportunity to be heard on the record outside of the presence of the jury, the court may declare the deliberations to be in recess and may thereupon direct the jury to suspend its deliberations and to separate for a reasonable period of time to be specified by the court, not to exceed [twenty-four] forty-eight hours[, except that]. However, in the case of a Saturday, Sunday or holiday, or a circumstance which constitutes good cause to delay resuming deliberations, such separation may extend beyond such [twenty-four] forty-eight hour period. Before each recess, the court must admonish the jury as provided in section 270.40 of this chapter and direct it not to resume its deliberations until all twelve jurors have reassembled in the designated place at the termination of the declared recess.
§ 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
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 jury deliberation requirements
Purpose or general idea of bill
To extend recess of the jury in an event which constitutes a delay in resuming deliberations of a case within the current twenty-four hour period.
Summary of provisions
Section 1. Amends by adding to 310.10 (2) of the criminal procedure law, which gives judges express statutory authority to extended recess in deliberations to separate for a time period not exceeding a forty-eight hour period, except in the case of a Saturday, Sunday or holiday, or a circumstance which constitutes good cause to delay resuming deliber- ations.
Section 2. This act shall take effect immediately
Justification
The current law deprives judges the authority to extend recesses in deliberations under limited circumstances which can result in in mistrials of serious crimes. A deliberating jury in New York must return to court to continue its deliberations on the next day the court is open. If all deliberating jurors do not return the next day, even if due to the most extreme personal emergency, the law mandates a mistrial if the defendant does not consent to a longer recess. In cases of serious crimes, initially apprehensive and fearful witnesses may refuse to testify again if a case has resulted in a mistrial due to the unforeseen emergency and absence of a juror.
Additionally, the amendment would afford trial judges in New York County Supreme Court who are designated as calendar judges one full day per week to handle cases pending before them. A judge who presides over all pre-trial aspects of the case is able to make more informed decisions.
Prior legislative history
New bill
Fiscal implications for state and local governments
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.