S6361-2011 - NY Senate Open Legislation - Requires the court to retain one or both alternate jurors until the final verdict is delivered

Requires the court to retain one or both alternate jurors until the final verdict is delivered.

Sponsor: MARCELLINO / Committee: JUDICIARY
Law Section: Civil Practice Law and Rules / Law: Amd S4106, CPLR

S6361-2011 Actions

Jun 18, 2012: referred to judiciary
Jun 18, 2012: DELIVERED TO ASSEMBLY
Jun 18, 2012: PASSED SENATE
May 21, 2012: ADVANCED TO THIRD READING
May 16, 2012: 2ND REPORT CAL.
May 15, 2012: 1ST REPORT CAL.785
Feb 1, 2012: REFERRED TO JUDICIARY

S6361-2011 Meetings

Judiciary: May 15, 2012

S6361-2011 Calendars

Active List: Jun 18, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012

S6361-2011 Votes

VOTE: COMMITTEE VOTE: - Judiciary - May 15, 2012

Ayes (19): Bonacic, Flanagan, Fuschillo, Lanza, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Hassell-Thompson, Adams, Breslin, Espaillat, Gianaris, Perkins, Serrano, Squadron, Stavisky
Ayes W/R (3): DeFrancisco, LaValle, Krueger
Nays (1): Dilan

VOTE: FLOOR VOTE: - Jun 18, 2012

Ayes (56): Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (6): Adams, Alesi, Espaillat, Huntley, O'Mara, Perkins

S6361-2011 Memo

BILL NUMBER:S6361

TITLE OF BILL:
An act
to amend
the civil practice law and rules, in relation to retaining alternate
jurors until verdicts are returned

PURPOSE:
This bill will require the court to retain
one or both
alternate jurors until the final verdict is delivered.

SUMMARY OF PROVISIONS:
Amends � 4106 of the civil practice law and
rules by requiring the court to retain one or both of the alternate
jurors until the final verdict of the case is delivered. In the event
that a regular juror becomes unable to perform his or her duty in the
process of deliberation, the court will then appoint one of the
alternate jurors. The deliberation will recommence as if no
deliberation had occurred.

JUSTIFICATION:
This bill requires the court to retain alternate jurors
for the entire length of trial, as opposed to the current law which
allows the court to dismiss the alternate jurors before deliberation.
This corrects an oversight that has lead to many unnecessary
mistrials and countless dollars wasted on retrials. The bill attempts
to reduce costs of trial by preventing mistrials and enhancing
judicial economy.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S6361-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          6361
 I N  SENATE
 February 1, 2012
 
 Introduced  by  Sen.  MARCELLINO  -- 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 retain
 ing alternate jurors until verdicts are returned
 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 or two additional  jurors,  to  be  known  as  "alternate
 jurors",  may be drawn upon the request of a party. Such jurors shall be
 drawn at the same time, from the same source, in the  same  manner,  and
 have  the  same  qualifications as the regular jurors, and be subject to
 the same examinations 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] SEPARATE the alternate jurors FROM THE  REGULAR  JURORS  FOR
 DELIBERATIONS,  BUT  SHALL NOT DISCHARGE EITHER OR BOTH ALTERNATE JURORS
 UNTIL THE FINAL VERDICT IS DELIVERED.  If[, before the final  submission
 of  the  case,]  a  regular juror dies, or becomes ill, or for any other
 reason is unable to perform his OR HER duty[, the court may order him to
 be discharged and draw the name of an alternate, who shall  replace  the
 discharged  juror  in  the  jury  box,  and be treated as if he had been
 selected as one of the regular jurors] AS A REGULAR JUROR  AND  IF  SUCH
 INABILITY OCCURS AFTER THE FINAL SUBMISSION OF THE CASE AND PRIOR TO THE
 DELIVERY  OF  THE VERDICT, THE COURT SHALL DRAW THE NAME OF AN ALTERNATE
 WHO SHALL REPLACE SAID REGULAR JUROR. IN THE  EVENT  THAT  AN  ALTERNATE
 JUROR  REPLACES  A  REGULAR  JUROR, THE COURT SHALL DIRECT THAT THE JURY
 COMMENCE DELIBERATIONS ANEW AS IF NO PRIOR DELIBERATIONS OCCURRED.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13899-03-2

S6361-2011: Requires the court to retain one or both alternate jurors until the final verdict is delivered