S T A T E O F N E W Y O R K
________________________________________________________________________
7722
2009-2010 Regular Sessions
I N A S S E M B L Y
April 22, 2009
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Introduced by M. of A. QUINN, HAWLEY, ERRIGO, FINCH -- Multi-Sponsored
by -- M. of A. BACALLES, TOWNSEND, WALKER -- read once and referred
to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to exemption from service
as a juror
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 500 of the judiciary law, as amended by chapter 86
of the laws of 1995, is amended to read as follows:
S 500. Declaration of policy. It is the policy of this state that all
litigants in the courts of this state entitled to trial by jury shall
have the right to grand and petit juries selected at random from a fair
cross-section of the community in the county or other governmental
subdivision wherein the court convenes; and that all eligible citizens
shall have the opportunity to serve on grand and petit juries in the
courts of this state, and shall have an obligation to serve when
summoned for that purpose, unless EXEMPTED OR excused.
S 2. Section 509 of the judiciary law, as amended by chapter 86 of the
laws of 1995, subdivision (a) as amended by chapter 520 of the laws of
1998, is amended to read as follows:
S 509. Qualification of jurors. (a) The commissioner of jurors shall
determine the qualifications of a prospective juror on the basis of
information provided on the juror's qualification questionnaire. The
commissioner of jurors may also consider other information including
information obtained from public agencies concerning previous criminal
convictions. The commissioner may require the fingerprinting of all
persons drawn for grand jury service. A record of the persons who are
found not qualified [or who are], EXEMPTED OR excused, and the reasons
therefor, shall be maintained by the commissioner of jurors. The county
jury board shall have the power to review any determination of the
commissioner as to qualifications, EXEMPTIONS and excuses. Such ques-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02380-02-9
A. 7722 2
tionnaires and records shall be considered confidential and shall not be
disclosed except to the county jury board or as permitted by the appel-
late division.
(b) The commissioner may mail to each prospective juror the juror
qualification questionnaire AND A LIST OF THE EXEMPTIONS FROM JURY
SERVICE PROVIDED FOR IN THIS ARTICLE. The person to whom the question-
naire is mailed shall complete and sign it and return it to the commis-
sioner within ten days of mailing. If the questionnaire has not been
returned or properly completed, or if the commissioner otherwise deter-
mines that a personal interview is required, the commissioner 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 compe-
tence, qualifications, eligibility and liability to serve as a juror AND
TO PRESENT CLAIMS FOR EXEMPTIONS. 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 3. The judiciary law is amended by adding a new section 512 to read
as follows:
S 512. EXEMPTIONS. (A) UPON CLAIMING EXEMPTIONS THEREFROM, A POLICE
OFFICER, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; A
MEMBER OF A FIRE COMPANY OR DEPARTMENT DULY ORGANIZED ACCORDING TO THE
LAWS OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF AND PERFORMING
DUTIES THEREIN; OR AN EXEMPT VOLUNTEER FIREMAN, AS DEFINED IN SECTION
TWO HUNDRED OF THE GENERAL MUNICIPAL LAW, IS EXEMPT FROM SERVICE AS A
JUROR.
(B) A PERSON CLAIMING TO BE EXEMPT FROM JURY SERVICE PURSUANT TO THIS
SECTION SHALL FILE WITH THE COMMISSIONER OF JURORS AN AFFIDAVIT, A
CERTIFICATE OR A QUESTIONNAIRE AS REQUIRED BY SUCH COMMISSIONER, STATING
THE FACTS ENTITLING AN EXEMPTION. IF A PERSON CLAIMS AN EXEMPTION AND IT
IS NOT GRANTED, THE CLAIM MAY BE PRESENTED TO THE COURT WHEN DRAWN FOR
JURY SERVICE OR SUCH PERSON MAY SEEK TO HAVE SUCH REFUSAL REVIEWED IN
THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES.
S 4. Section 518 of the judiciary law, as amended by chapter 86 of the
laws of 1995, is amended to read as follows:
S 518. Discharge by the court. The court shall discharge a person from
serving as a trial or a grand juror whenever it satisfactorily appears
that he or she is not qualified OR CLAIMS THE BENEFIT OF THE EXEMPTION.
S 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.