Assembly Bill A2374

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

                                  2374

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A. LANCMAN, JEFFRIES, LENTOL, ARROYO, ESPAILLAT,
  GREENE, WRIGHT, HIKIND, PEOPLES, CAMARA, ZEBROWSKI, KELLNER,  FARRELL,
  COOK, GLICK, McENENY, GOTTFRIED, DelMONTE -- read once and referred to
  the Committee on Judiciary

AN  ACT  to  amend  the  judiciary  law, in relation to the selection of
  jurors, updating sources of name lists on a quarterly basis, requiring
  the commissioner of jurors to collect demographic data for jurors  who
  present for jury service and the sending of juror notices

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

  Section 1. This act shall be known and may be cited as the "jury  pool
fair representation act".
  S  2.  Section  506 of the judiciary law, as amended by section 109 of
part B of chapter 436 of the  laws  of  1997,  is  amended  to  read  as
follows:
  S 506. Source of names. (A) The commissioner of jurors shall cause the
names  of  prospective  jurors  to  be selected at random from the voter
registration lists, [and from such other available lists  of  the  resi-
dents of the county as the chief administrator of the courts shall spec-
ify,  such  as] lists of utility subscribers, INCLUDING GAS AND ELECTRIC
UTILITY SUBSCRIBERS, licensed operators of  motor  vehicles,  registered
owners of motor vehicles, state and local INCOME AND PROPERTY taxpayers,
persons  applying  for  or  receiving  family AND INDIVIDUAL assistance,
medical assistance or safety net  assistance,  persons  receiving  state
unemployment  benefits,  PERSONS  WHO  RECEIVE  STUDENT  AID ASSISTANCE,
PERSONS WHO RECEIVE THE SENIOR CITIZEN RENT INCREASE EXEMPTION,  PERSONS
WHO  RECEIVE WORKERS' COMPENSATION, TELEPHONE SERVICE SUBSCRIBERS, CABLE
TELEVISION SUBSCRIBERS, PERSONS RESIDING IN PUBLIC HOUSING, and  persons
who  have volunteered to serve as jurors by filing with the commissioner
their names and places of residence AND FROM OTHER  AVAILABLE  LISTS  OF
THE  RESIDENTS  OF  THE  COUNTY AS THE CHIEF ADMINISTRATOR OF THE COURTS
SHALL SPECIFY.
  SUCH LISTS SHALL BE UPDATED ON A QUARTERLY BASIS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
A                                                          LBD01061-01-9

A. 2374                             2

  (B) THE COMMISSIONER OF JURORS  SHALL  COLLECT  DEMOGRAPHIC  DATA  FOR
JURORS  WHO PRESENT FOR JURY SERVICE, INCLUDING EACH JUROR'S RACE, RELI-
GION, ETHNICITY, AGE AND SEX, AND SUBMIT THE DATA IN AN ANNUAL REPORT TO
THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE MAJORITY LEADER OF THE
SENATE.
  (C)  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL MAKE AN ANNUAL REPORT
DETAILING THE COMPLIANCE WITH  THE  PROVISIONS  OF  THIS  SECTION.  SUCH
REPORT  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, SUCH STATISTICAL DATA
NECESSARY TO DETERMINE IF THE REQUIREMENTS IMPOSED BY THIS SECTION  HAVE
BEEN FOLLOWED REGULARLY AND CONSISTENTLY THROUGHOUT THE STATE, AND SHALL
ITEMIZE  SUCH  COMPLIANCE BY A COUNTY-BY-COUNTY BASIS. SUCH REPORT SHALL
BE PUBLISHED IN THE STATE RECORD AND, UPON DEMAND, BE MADE AVAILABLE  TO
ANY  MEMBER  OF THE PUBLIC. ADDITIONALLY, ACCESS TO SUCH REPORT SHALL BE
AVAILABLE THROUGH THE WEBSITE MAINTAINED BY THE OFFICE OF COURT ADMINIS-
TRATION. SUCH REPORT, DETAILING THE PREVIOUS CALENDAR YEAR'S COMPLIANCE,
SHALL BE SO PUBLISHED AND MADE AVAILABLE ON OR BEFORE MARCH FIRST IN THE
NEXT SUCCEEDING CALENDAR YEAR.
  S 3. Subdivision (b) of section 509 of the judiciary law,  as  amended
by chapter 86 of the laws of 1995, is amended to read as follows:
  (b)  The  commissioner  may  mail  to each prospective juror the juror
qualification questionnaire. The person to  whom  the  questionnaire  is
mailed  shall  complete  and  sign  it and return it to the commissioner
within ten days of mailing. If the questionnaire has not  been  returned
or  properly completed, or if the commissioner otherwise determines that
a personal interview is required, the commissioner SHALL MAKE  AT  LEAST
TWO  ADDITIONAL  ATTEMPTS  TO MAIL THE PROSPECTIVE JUROR A QUESTIONNAIRE
AND may summon the prospective juror to appear before him or her for the
purpose of filling out the questionnaire or being examined as to his  or
her  competence, qualifications, eligibility and liability to serve as a
juror. Such person shall not be entitled to  any  fee  or  mileage  when
responding  for such purpose. The summons may be served personally or by
leaving it at the person's residence or place of business with a  person
of  suitable  age and discretion, or by mail. If served personally or by
substitution the summons shall require the person summoned to attend not
less than five days after service. If served by mail the  summons  shall
require  the  person  summoned  to attend not less than eight days after
mailing.
  S 4. Section 516 of the judiciary law, as added by chapter 316 of  the
laws of 1977, is amended to read as follows:
  S  516.  Commissioner  of jurors to summon jurors. The commissioner of
jurors shall summon each juror drawn for jury service  by  serving  upon
him  a  summons  and  specifying the place where and the time when he is
required to attend.  The summons may be served by mail, or  the  commis-
sioner  may  direct  the  sheriff  to serve the summons personally or by
leaving it at the juror's residence or place of business with  a  person
of  suitable  age  and  discretion.  IF  THE  JUROR  DOES NOT ANSWER THE
SUMMONS, THE COMMISSIONER, IN ADDITION TO THE PROCEDURES FOR  NONCOMPLI-
ANCE  PROVIDED FOR IN SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS ARTICLE,
SHALL MAKE AT LEAST TWO ADDITIONAL ATTEMPTS TO SERVE  THE  SUMMONS  UPON
THE JUROR.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.