Allows a court to issue an order precluding the disclosure of jurors' names and addresses upon a showing by the people that such an order is necessary to prevent bribery, jury tampering or physical injury to, or harassment of, the jurors or prospective jurors.

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S1513-2013 Actions

• Apr 15, 2013: referred to codes
• Apr 15, 2013: DELIVERED TO ASSEMBLY
• Apr 15, 2013: PASSED SENATE
• Mar 21, 2013: ADVANCED TO THIRD READING
• Mar 20, 2013: 2ND REPORT CAL.
• Mar 19, 2013: 1ST REPORT CAL.254
• Jan 9, 2013: REFERRED TO CODES

S1513-2013 Meetings

Codes: Mar 19, 2013

S1513-2013 Calendars

Active List: Apr 15, 2013 , Floor Calendar: Mar 20, 2013 , Floor Calendar: Mar 21, 2013 , Floor Calendar: Mar 24, 2013 , Floor Calendar: Mar 25, 2013 , Floor Calendar: Mar 26, 2013 , Floor Calendar: Mar 27, 2013 , Floor Calendar: Apr 15, 2013

S1513-2013 Votes

S1513-2013 Memo

BILL NUMBER:S1513

TITLE OF BILL:  An act to amend the criminal procedure law, in relation
to anonymous juries and to repeal subdivision 1-a of section 270.15 of
such law relating thereto

PURPOSE: This bill, introduced at the request of the Judiciary, would
amend the criminal procedure law to permit the court to issue an order
precluding, the disclosure of jurors' names and addresses upon a showing
by the People that such an order is necessary to prevent bribery, jury
tampering or physical injury to or harassment of jurors.

SUMMARY OF PROVISIONS: This measure would repeal subdivision 1-a of
section 270.15 of the Criminal Procedure Law and add a new section
270.17, to provide the court with the authority to preclude the disclo-
sure of jurors' and prospective jurors' names. Currently, under subdivi-
sion 1-a of section 270.15 the court may only issue a protective order
regulating disclosure of the business or residential address of any
prospective sworn juror to any person or persons, other than to counsel
for either party. It does not allow the court to protect jurors' or
prospective jurors' names from disclosure, nor does it provide complete
assurance that jurors' addresses will not be disclosed to the defendant
by the defense counsel. Thus, Subdivision 1-a fails to provide the court
with sufficient means to protect jurors from intimidation and harm.

Further this measure provides that the prosecutor may move within three
days prior to the commencement of jury selection (excluding Saturdays,
Sundays and Holidays) for an order directing that jurors shall not
disclose their names or residential or business addresses.  The court
could permit the prosecutor to file such a motion thereafter, for good
cause shown. At a hearing on the motion, the prosecutor would be
required to show by clear and convincing evidence that such an order is
necessary to protect against the likelihood of bribery, jury tampering
or intimidation. In determining whether the prosecutor has sustained
this burden, the court shall consider any relevant factors, including:

1. Whether the defendant or persons acting on the defendant's behalf
have bribed, tampered with, or caused or attempted to cause physical
injury to or harassment of a juror or prospective juror, or a witness or
prospective witness, in another criminal action or proceeding or in the
instant proceeding;

2. Whether defendant is a member of a group that has manifested an
intention to harm or intimidate witnesses or jurors;

3. The seriousness of the charges against defendant;

4. The extent of pretrial publicity about the criminal action or
proceeding.

If the court determines that a protective order should be issued, it
shall direct that all jurors and prospective jurors be identified by

some means other than their names and their residential and business
addresses. To balance any adverse effect on the defendant of withholding
the identities of jurors, this measure permits the court to enlarge the
scope and duration of the parties' examination of prospective jurors to
assure that the parties have sufficient information upon which to base
the exercise of peremptory challenges and challenges for cause.

This measure further seeks to offset any prejudicial effect of selecting
jurors on an anonymous basis by requiring the court to give precaution-
ary instruction to the jury upon the defendant's request (ie. the fact
that the jury was selected on an anonymous basis is not a factor from
which any inference unfavorable to the defendant may be drawn).

JUSTIFICATION: In order to preserve our criminal justice system as
impartial and fair, it is critical that a jury be able to render an
objective decision. To that end, we have an obligation to protect jurors
from recrimination for their decisions. Certainly jurors should not be
expected to bear the burden of risking what may happen to them or their
families should they render a guilty verdict.  Explicit threats to
jurors or even just the fear of retaliation could very well affect a
jurors' ability to fairly and impartially issue a verdict.

When a serious threat to juror safety reasonably is found to exist, the
law must allow for precautionary measures to be taken. This legislation
would expressly do just that, by expanding current law to permit the
court to not only preclude the residential and business addresses of
jurors from disclosure, but their names as well.

LEGISLATIVE HISTORY:  2010-2011: S.947--Passed Senate 2009-2010:
S.569--Senate Codes Committee 2007-2008: S.615-Passed Senate 2005-2006:
S.661--Passed Senate 2003-2004: S.775--Passed Senate 2001-2002:
S.103--Passed Senate 1999-00: S.822--Passed Senate 1997-98:
S.1134--Passed Senate 1995-96: S.5211--Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it
shall have become law.

S1513-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1513

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  MARCELLINO  -- 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  anonymous
    juries  and  to  repeal  subdivision 1-a of section 270.15 of such law
    relating thereto

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Paragraph  (a)  of subdivision 1 of section 270.15 of the
  criminal procedure law, as amended by chapter 467 of the laws  of  1985,
  is amended to read as follows:

    (a)  If  no  challenge  to  the panel is made as prescribed by section
  270.10, or if such challenge is made and  disallowed,  the  court  shall
  direct  that  the  names of not less than twelve members of the panel be
  drawn and called as prescribed by the judiciary law, EXCEPT AS OTHERWISE
  REQUIRED BY SECTION 270.17 OF THIS  ARTICLE.  Such  persons  shall  take
  their  places  in  the jury box and shall be immediately sworn to answer
  truthfully questions asked them  relative  to  their  qualifications  to
  serve  as jurors in the action. In its discretion, the court may require
  prospective jurors to complete a questionnaire concerning their  ability
  to  serve  as  fair  and  impartial jurors, including but not limited to
  place of birth,  current  address,  education,  occupation,  prior  jury
  service,  knowledge  of, relationship to, or contact with the court, any
  party, witness or attorney in the action and any other fact relevant  to
  his  or her service on the jury. An official form for such questionnaire
  shall be developed by the chief administrator of the courts in consulta-
  tion with the administrative board of the courts. A  copy  of  question-
  naires completed by the members of the panel shall be given to the court
  and each attorney prior to examination of prospective jurors.
    S  2.  Subdivision 1-a of section 270.15 of the criminal procedure law
  is REPEALED.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03264-01-3

 S. 1513                             2

    S 3. The criminal procedure law is amended by  adding  a  new  section
  270.17 to read as follows:

  S 270.17 TRIAL JURY; ANONYMOUS PANEL.
    1.  THE PEOPLE MAY MAKE A MOTION FOR AN ORDER PROTECTING THE NAMES AND
  RESIDENTIAL AND BUSINESS ADDRESSES OF JURORS AND PROSPECTIVE JURORS FROM
  DISCLOSURE TO ANY PERSON. SUCH A MOTION SHALL  BE  MADE  NO  LATER  THAN
  THREE  DAYS,  EXCLUDING  SATURDAYS,  SUNDAYS  AND HOLIDAYS, PRIOR TO THE
  COMMENCEMENT OF JURY SELECTION, BUT FOR GOOD CAUSE  SHOWN  MAY  BE  MADE
  THEREAFTER.  THE COURT SHALL CONDUCT A HEARING UPON SUCH MOTION AND MAKE
  FINDINGS  OF  FACT  ESSENTIAL  TO THE DETERMINATION THEREOF. ALL PERSONS
  GIVING FACTUAL INFORMATION AT SUCH  HEARING  MUST  TESTIFY  UNDER  OATH,
  EXCEPT  THAT  UNSWORN  EVIDENCE  PURSUANT  TO SUBDIVISION TWO OF SECTION
  60.20 OF THIS CHAPTER ALSO MAY BE RECEIVED. UPON SUCH  HEARING,  HEARSAY
  EVIDENCE SHALL BE ADMISSIBLE TO ESTABLISH ANY MATERIAL FACT.
    2.  AT  THE  HEARING,  THE  PEOPLE SHALL BEAR THE BURDEN OF PROVING BY
  CLEAR AND CONVINCING EVIDENCE THAT A PROTECTIVE ORDER  IS  NECESSARY  TO
  PROTECT  AGAINST  THE  LIKELIHOOD OF BRIBERY, JURY TAMPERING OR PHYSICAL
  INJURY  TO OR HARASSMENT OF THE JURORS OR PROSPECTIVE JURORS. IN  DETER-
  MINING  WHETHER  THE  PEOPLE  HAVE  SUSTAINED THIS BURDEN, THE COURT MAY
  CONSIDER ANY RELEVANT FACTORS, INCLUDING:

    (A) WHETHER DEFENDANT OR PERSONS ACTING  ON  DEFENDANT'S  BEHALF  HAVE
  BRIBED,  TAMPERED  WITH, OR CAUSED OR ATTEMPTED TO CAUSE PHYSICAL INJURY
  TO OR HARASSMENT OF A JUROR  OR  PROSPECTIVE  JUROR,  OR  A  WITNESS  OR
  PROSPECTIVE  WITNESS, IN ANOTHER CRIMINAL ACTION OR PROCEEDING OR IN THE
  INSTANT CRIMINAL ACTION OR PROCEEDING;
    (B) WHETHER DEFENDANT IS A MEMBER OF  AN  ENTERPRISE,  AS  DEFINED  IN
  SUBDIVISION  TWO  OF  SECTION 460.10 OF THE PENAL LAW, THAT BY ITSELF OR
  THROUGH ANY OF ITS MEMBERS HAS MANIFESTED AN INTENTION TO BRIBE,  TAMPER
  WITH, OR CAUSE OR ATTEMPT TO CAUSE PHYSICAL INJURY TO OR HARASSMENT OF A
  JUROR  OR PROSPECTIVE JUROR, OR A WITNESS OR PROSPECTIVE WITNESS, IN THE
  INSTANT CRIMINAL ACTION OR PROCEEDING;
    (C) THE SERIOUSNESS OF THE CHARGES AGAINST DEFENDANT;
    (D) THE EXTENT OF PRETRIAL PUBLICITY CONCERNING THE CRIMINAL ACTION OR
  PROCEEDING.
    3. IF THE COURT DETERMINES THAT A PROTECTIVE ORDER SHOULD BE ISSUED IT
  SHALL DIRECT THAT ALL JURORS AND PROSPECTIVE JURORS THEREAFTER SHALL  BE
  IDENTIFIED  BY  SOME  MEANS OTHER THAN THEIR NAMES AND THEIR RESIDENTIAL
  AND BUSINESS ADDRESSES. THE COURT MAY ENLARGE THE SCOPE AND DURATION  OF
  THE  PARTIES'  EXAMINATION  OF  PROSPECTIVE  JURORS  TO  ASSURE THAT THE
  PARTIES HAVE SUFFICIENT INFORMATION UPON WHICH TO BASE THE  EXERCISE  OF
  PEREMPTORY  CHALLENGES  AND  CHALLENGES  FOR  CAUSE PURSUANT TO SECTIONS
  270.20 AND 270.25 OF THIS ARTICLE.
    4. UPON REQUEST BY A DEFENDANT, BUT NOT  OTHERWISE,  THE  COURT  SHALL
  INSTRUCT  THE JURY THAT THE FACT THAT THE JURY WAS SELECTED ON AN ANONY-
  MOUS BASIS IS NOT A FACTOR FROM WHICH ANY INFERENCE UNFAVORABLE  TO  THE
  DEFENDANT MAY BE DRAWN.
    S  4.  This  act shall take effect on the thirtieth day after it shall
  have become a law.