Bill S533-2009

Grants excusal from jury duty to persons 70 years of age or older who have documented disabilities or health problems

Grants excusal from jury duty to persons 70 years of age or older who have documented disabilities or health problems.

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  • Jan 6, 2010: REFERRED TO JUDICIARY
  • Jan 7, 2009: REFERRED TO JUDICIARY

Memo

 BILL NUMBER:  S533

TITLE OF BILL : An act to amend the judiciary law, in relation to excusal from jury duty for persons seventy years of age or older with documented disabilities or health problems

PURPOSE : To permit individuals over the age of 70 to be excused from jury duty if they have documented disabilities or health problems.

SUMMARY OF PROVISIONS : Section 1: amends subdivision (c) of section 517 of the judiciary law to permit an applicant for excusal who is 70 years of age or older and who submits documentation of a disability or health problem to be excused from attendance for jury service in accordance with the summons.

EXISTING LAW : A mental or physical condition which causes an individual to be incapable of performing jury service is a factor taken into consideration when the commissioner or the court decides whether an application for excusal should be granted.

JUSTIFICATION : Jury duty is an obligation of all New Yorkers. However, if a senior citizen is not well they should not be forced to submit to the jury selection process. This legislation would make disqualification from jury duty automatic if a person is over 70 years of age and has a documented medical condition.

LEGISLATIVE HISTORY : 2007-2008 - Judiciary

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the first day of the calendar month next succeeding the 60th day after it shall have become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 533 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to excusal from jury duty for persons seventy years of age or older with documented disabilities or health problems THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (c) of section 517 of the judiciary law, as amended by chapter 86 of the laws of 1995, is amended to read as follows: (c) In determining whether an application for excusal should be grant- ed, the commissioner or the court shall consider whether the applicant has a mental or physical condition that causes him or her to be incapa- ble of performing jury service or there is any other fact WHICH indi- cates that attendance for jury service in accordance with the summons would cause undue hardship or extreme inconvenience to the applicant, a person under his or her care or supervision, or the public. AN APPLI- CANT FOR EXCUSAL OF THE AGE OF SEVENTY YEARS OR OLDER WHO SUBMITS DOCUMENTATION OF A DISABILITY OR HEALTH PROBLEM SHALL BE DEEMED TO HAVE SUFFICIENT CAUSE AND SHALL BE EXCUSED FROM ATTENDANCE FOR JURY SERVICE IN ACCORDANCE WITH THE SUMMONS. Except as provided in paragraph two of subdivision (a) of this section, in determining whether an application for postponement should be granted, the commissioner or the court shall be guided by standards promulgated by the chief administrator of the courts. S 2. This act shall take effect on the first of the calendar month next succeeding the sixtieth day after it shall have become a law.

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