Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary |
Jun 21, 2013 |
committed to rules |
Apr 22, 2013 |
advanced to third reading |
Apr 17, 2013 |
2nd report cal. |
Apr 16, 2013 |
1st report cal.297 |
Jan 09, 2013 |
referred to judiciary |
Senate Bill S1515
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- 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-S1515 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §4106, CPLR
- Versions Introduced in 2011-2012 Legislative Session:
-
S6361
2013-S1515 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1515 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
2013-S1515 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1515 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ 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
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