Assembly Bill A1464

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1464

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the criminal procedure law, in relation to anonymous
  juries and to repeal subdivision 1-a of section  270.15  of  such  law
  relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of  section  270.15  of  the
criminal  procedure  law, as amended by chapter 467 of the laws of 1985,
is amended to read as follows:
  (a) If no challenge to the panel is  made  as  prescribed  by  section
270.10,  or  if  such  challenge is made and disallowed, the court shall
direct that the names of not less than twelve members of  the  panel  be
drawn and called as prescribed by the judiciary law, EXCEPT AS OTHERWISE
REQUIRED  BY  SECTION  270.17  OF  THIS ARTICLE. Such persons shall take
their places in the jury box and shall be immediately  sworn  to  answer
truthfully  questions  asked  them  relative  to their qualifications to
serve as jurors in the action. In its discretion, the court may  require
prospective  jurors to complete a questionnaire concerning their ability
to serve as fair and impartial jurors,  including  but  not  limited  to
place  of  birth,  current  address,  education,  occupation, prior jury
service, knowledge of, relationship to, or contact with the  court,  any
party,  witness or attorney in the action and any other fact relevant to
his or her service on the jury. An official form for such  questionnaire
shall be developed by the chief administrator of the courts in consulta-
tion  with  the  administrative board of the courts. A copy of question-
naires completed by the members of the panel shall be given to the court
and each attorney prior to examination of prospective jurors.
  S 2. Subdivision 1-a of section 270.15 of the criminal  procedure  law
is REPEALED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00218-01-9

A. 1464                             2

  S  3.  The  criminal  procedure law is amended by adding a new section
270.17 to read as follows:
S 270.17 TRIAL JURY; ANONYMOUS PANEL.
  1.  THE PEOPLE MAY MAKE A MOTION FOR AN ORDER PROTECTING THE NAMES AND
RESIDENTIAL AND BUSINESS ADDRESSES OF JURORS AND PROSPECTIVE JURORS FROM
DISCLOSURE TO ANY PERSON. SUCH A MOTION SHALL  BE  MADE  NO  LATER  THAN
THREE  DAYS,  EXCLUDING  SATURDAYS,  SUNDAYS  AND HOLIDAYS, PRIOR TO THE
COMMENCEMENT OF JURY SELECTION, BUT FOR GOOD CAUSE  SHOWN  MAY  BE  MADE
THEREAFTER.  THE COURT SHALL CONDUCT A HEARING UPON SUCH MOTION AND MAKE
FINDINGS  OF  FACT  ESSENTIAL  TO THE DETERMINATION THEREOF. ALL PERSONS
GIVING FACTUAL INFORMATION AT SUCH  HEARING  MUST  TESTIFY  UNDER  OATH,
EXCEPT  THAT  UNSWORN  EVIDENCE  PURSUANT  TO SUBDIVISION TWO OF SECTION
60.20 OF THIS CHAPTER ALSO MAY BE RECEIVED. UPON SUCH  HEARING,  HEARSAY
EVIDENCE SHALL BE ADMISSIBLE TO ESTABLISH ANY MATERIAL FACT.
  2.  AT  THE  HEARING,  THE  PEOPLE SHALL BEAR THE BURDEN OF PROVING BY
CLEAR AND CONVINCING EVIDENCE THAT A PROTECTIVE ORDER  IS  NECESSARY  TO
PROTECT  AGAINST  THE  LIKELIHOOD OF BRIBERY, JURY TAMPERING OR PHYSICAL
INJURY  TO OR HARASSMENT OF THE JURORS OR PROSPECTIVE JURORS. IN  DETER-
MINING  WHETHER  THE  PEOPLE  HAVE  SUSTAINED THIS BURDEN, THE COURT MAY
CONSIDER ANY RELEVANT FACTORS, INCLUDING:
  (A) WHETHER DEFENDANT OR PERSONS ACTING  ON  DEFENDANT'S  BEHALF  HAVE
BRIBED,  TAMPERED  WITH, OR CAUSED OR ATTEMPTED TO CAUSE PHYSICAL INJURY
TO OR HARASSMENT OF A JUROR  OR  PROSPECTIVE  JUROR,  OR  A  WITNESS  OR
PROSPECTIVE  WITNESS, IN ANOTHER CRIMINAL ACTION OR PROCEEDING OR IN THE
INSTANT CRIMINAL ACTION OR PROCEEDING;
  (B) WHETHER DEFENDANT IS A MEMBER OF  AN  ENTERPRISE,  AS  DEFINED  IN
SUBDIVISION  TWO  OF  SECTION 460.10 OF THE PENAL LAW, THAT BY ITSELF OR
THROUGH ANY OF ITS MEMBERS HAS MANIFESTED AN INTENTION TO BRIBE,  TAMPER
WITH, OR CAUSE OR ATTEMPT TO CAUSE PHYSICAL INJURY TO OR HARASSMENT OF A
JUROR  OR PROSPECTIVE JUROR, OR A WITNESS OR PROSPECTIVE WITNESS, IN THE
INSTANT CRIMINAL ACTION OR PROCEEDING;
  (C) THE SERIOUSNESS OF THE CHARGES AGAINST DEFENDANT;
  (D) THE EXTENT OF PRETRIAL PUBLICITY CONCERNING THE CRIMINAL ACTION OR
PROCEEDING.
  3. IF THE COURT DETERMINES THAT A PROTECTIVE ORDER SHOULD BE ISSUED IT
SHALL DIRECT THAT ALL JURORS AND PROSPECTIVE JURORS THEREAFTER SHALL  BE
IDENTIFIED  BY  SOME  MEANS OTHER THAN THEIR NAMES AND THEIR RESIDENTIAL
AND BUSINESS ADDRESSES. THE COURT MAY ENLARGE THE SCOPE AND DURATION  OF
THE  PARTIES'  EXAMINATION  OF  PROSPECTIVE  JURORS  TO  ASSURE THAT THE
PARTIES HAVE SUFFICIENT INFORMATION UPON WHICH TO BASE THE  EXERCISE  OF
PEREMPTORY  CHALLENGES  AND  CHALLENGES  FOR  CAUSE PURSUANT TO SECTIONS
270.20 AND 270.25 OF THIS ARTICLE.
  4. UPON REQUEST BY A DEFENDANT, BUT NOT  OTHERWISE,  THE  COURT  SHALL
INSTRUCT  THE JURY THAT THE FACT THAT THE JURY WAS SELECTED ON AN ANONY-
MOUS BASIS IS NOT A FACTOR FROM WHICH ANY INFERENCE UNFAVORABLE  TO  THE
DEFENDANT MAY BE DRAWN.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.