|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jul 31, 2013 |
signed chap.204 |
| Jul 19, 2013 |
delivered to governor |
| Jun 04, 2013 |
returned to assembly passed senate 3rd reading cal.765 substituted for s5004 |
| Jun 04, 2013 |
substituted by a6553 |
| Jun 03, 2013 |
advanced to third reading |
| May 30, 2013 |
2nd report cal. |
| May 29, 2013 |
1st report cal.765 |
| May 03, 2013 |
referred to judiciary |
Senate Bill S5004
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A6553 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S5004 (ACTIVE) - Details
2013-S5004 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5004
TITLE OF BILL: An act to amend the civil practice law and rules in
relation to the discretionary retention of alternate jurors after
final submission of the case
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Advisory
Committee on Civil Practice.
This measure would amend CPLR 4106 to permit the court, in its
discretion, to retain one or more alternate jurors after final
submission of a case to ensure availability if needed during jury
deliberations. The proposed amendment of section 4106 also addresses
the manner in which the retained alternate jurors may be utilized.
Current CPLR 4106 provides that after final submission of the case,
"the court shall discharge the alternate jurors". As a consequence, in
the event that a juror becomes disabled during deliberations, the
court must declare a mistrial unless all parties consent to proceed
with a five person jury, which consent is rarely obtained. In cases of
several weeks' duration, classically commercial, medical malpractice
or products liability cases, a mistrial results in a tremendous waste
of time and money for the litigants, the attorneys, and the court, and
frustration for the remaining jurors who have served throughout a
prolonged trial in an effort to render a verdict. There is a
2013-S5004 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5004
2013-2014 Regular Sessions
I N S E N A T E
May 3, 2013
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules in relation to the
discretionary retention of alternate jurors after final submission of
the case
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4106 of the civil practice law and rules, as
amended by chapter 336 of the laws of 1972, is amended to read as
follows:
S 4106. Alternate jurors. [Unless the court, in its discretion, orders
otherwise, one] ONE or [two] MORE additional jurors, to be known as
"alternate jurors", may be drawn upon the request of a party AND CONSENT
OF THE COURT. Such ALTERNATE JUROR OR jurors shall be drawn at the same
time, from the same source, in the same manner, and have the same quali-
fications as [the] regular jurors, and be subject to the same examina-
tions and challenges. They shall be seated with, take the oath with, and
be treated in the same manner as the regular jurors[, except that
after]. AFTER final submission of the case, the court [shall discharge
the] MAY, IN ITS DISCRETION, RETAIN SUCH alternate JUROR OR jurors[. If]
TO ENSURE AVAILABILITY IF NEEDED. AT ANY TIME, before OR AFTER the final
submission of the case, IF a regular juror dies, or becomes ill, or [for
any other reason] is unable to perform [his duty] THE DUTIES OF A JUROR,
the court may order [him to be] THAT JUROR discharged and draw the name
of an alternate, OR RETAINED ALTERNATE, IF ANY, who shall replace the
discharged juror [in the jury box], and be treated as if [he] THAT JUROR
had been selected as one of the regular jurors. ONCE DELIBERATIONS HAVE
BEGUN, THE COURT MAY ALLOW AN ALTERNATE JUROR TO PARTICIPATE IN SUCH
DELIBERATIONS ONLY IF A REGULAR JUROR BECOMES UNABLE TO PERFORM THE
DUTIES OF A JUROR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09911-01-3
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