S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2402
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. CROUCH, BLANKENBUSH, BRABENEC, FINCH, B. MILLER,
   MONTESANO,  MORINELLO,  RAIA  --  Multi-Sponsored  by  --  M.  of   A.
   M. L. MILLER -- read once and referred to the Committee on Judiciary
 
 AN  ACT  to  amend the judiciary law, in relation to providing an excuse
   from jury duty for financial hardship related to self-employment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 517 of the judiciary law, as amended by chapter 86
 of the laws of 1995, is amended to read as follows:
   § 517. Excuses and postponements. (a) (1) Except as otherwise provided
 in paragraph two of this subdivision, the commissioner of jurors may, in
 his or her discretion, on the application of a prospective juror who has
 been summoned to attend, excuse such prospective juror from  a  part  or
 the  whole  of the time of jury service or may postpone the time of jury
 service to a later day during the same or any  subsequent  term  of  the
 court.  The  application  shall be presented to the commissioner at such
 time and in such manner as he or  she  shall  require,  except  that  an
 application for postponement of the initial date for jury service may be
 made by telephone.
   (2)  An  application for postponement of jury service shall be granted
 hereunder provided: (i) such service has not already been  postponed  or
 excused, (ii) the application is made at such time and in such manner as
 the  commissioner of jurors requires, and (iii) the postponement is to a
 date certain when the court is in session not more than six months after
 the date on which such service otherwise is to commence and such date is
 selected by the prospective juror.
   (3) AN APPLICATION TO BE  EXCUSED  FOR  FINANCIAL  HARDSHIP  SHALL  BE
 GRANTED  HEREUNDER PROVIDED: (I) SUCH INDIVIDUAL PRODUCES A SWORN STATE-
 MENT THAT SUCH INDIVIDUAL IS SELF-EMPLOYED AND THAT SERVICE WOULD  CAUSE
 A  FINANCIAL  HARDSHIP, (II) THE APPLICATION IS MADE AT SUCH TIME AND IN
 SUCH MANNER AS THE COMMISSIONER  OF  JURORS  REQUIRES,  AND  (III)  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02795-01-9

 A. 2402                             2
 
 FINANCIAL  HARDSHIP  DIRECTLY IMPAIRS THE APPLICANT'S ABILITY TO PROVIDE
 SUPPORT FOR THE INDIVIDUAL OR FAMILY AS A RESULT OF SUCH SERVICE.
   (b) A person whose application has been denied by the commissioner, or
 who  has  not applied to the commissioner for an excuse or postponement,
 may apply to the trial court, or to the court having supervision of  the
 grand  jury,  as  the  case may be, which may, in its discretion, excuse
 such person from a part or the whole of the time of jury service, or may
 postpone the time of jury service to a later day during the same or  any
 subsequent  term  of  the  court.    If  the applicant cannot personally
 attend, he or she shall send the summons and  application  by  a  person
 capable of making the necessary proof in relation to the application.
   (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.   Except  as
 provided  in  [paragraph] PARAGRAPHS two AND THREE 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.
   § 2. This act shall take effect immediately.