S T A T E O F N E W Y O R K
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9731
I N A S S E M B L Y
January 20, 2010
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Introduced by M. of A. QUINN -- read once and referred to the Committee
on Judiciary
AN ACT to amend the judiciary law, in relation to establishing a diverse
system of jury selection; to repeal certain provisions of such law
relating thereto; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 506, 507 and 508 of the judiciary law are REPEALED
and three new sections 506, 507 and 508 are added to read as follows:
S 506. SOURCE OF NAMES; CLERKS TO MAKE LISTS OF PERSONS RESIDING IN
THEIR RESPECTIVE CITIES OR TOWNS. (A) CLERKS, EXCEPT IN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE, SHALL IN JANUARY OR FEBRUARY OF EVERY
FIFTH YEAR VISIT OR COMMUNICATE WITH THE RESIDENTS OF EACH BUILDING IN
THEIR RESPECTIVE CITIES AND TOWNS AND, AFTER DILIGENT INQUIRY, SHALL
MAKE TRUE LISTS CONTAINING, AS NEARLY AS THEY CAN ASCERTAIN, THE NAME,
DATE OF BIRTH, OCCUPATION, VETERAN STATUS, NATIONALITY, IF NOT A CITIZEN
OF THE UNITED STATES, AND RESIDENCE ON THE FIRST OF JANUARY OF THE
PRECEDING YEAR AND THE CURRENT YEAR, OF EACH PERSON THREE YEARS OF AGE
OR OLDER RESIDING IN THEIR RESPECTIVE CITIES AND TOWNS. THE POLICE
DEPARTMENT OF A CITY OR TOWN SHALL, UPON REQUEST, HAVE ACCESS TO THE
LISTS. A LIST OF ALL PERSONS THREE TO TWENTY-ONE YEARS OF AGE, INCLU-
SIVE, SHALL BE TRANSMITTED BY THE COUNTY JURY BOARD TO THE RESPECTIVE
SCHOOL BOARD NOT LATER THAN THE FIRST OF APRIL OF EACH YEAR. THE LIST
SHALL CONTAIN THE NAME, RESIDENCE AND AGE OR DATE OF BIRTH OF EACH SUCH
PERSON; BUT THE NAMES OF PERSONS THREE TO SIXTEEN YEARS OF AGE, INCLU-
SIVE, SHALL NOT BE DISCLOSED TO ANY PERSON OTHER THAN THE RESPECTIVE
SCHOOL BOARD OR A POLICE DEPARTMENT. THAT PROPORTION OF ANY EXPENSES
INCURRED BY THE CLERKS UNDER THIS SECTION, EQUAL TO THE PROPORTION THAT
THE NUMBER OF PERSONS UNDER SEVENTEEN YEARS OF AGE BEARS TO THE TOTAL
NUMBER OF PERSONS LISTED THEREUNDER, SHALL BE CARRIED AS AN ITEM IN THE
SCHOOL BOARD BUDGET.
(B) IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE CLERK
SHALL ANNUALLY IN JANUARY OR FEBRUARY VISIT OR COMMUNICATE WITH THE
RESIDENTS OF EACH BUILDING IN SAID CITY AND, AFTER DILIGENT INQUIRY,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15195-01-0
A. 9731 2
SHALL MAKE TRUE LISTS CONTAINING, AS NEARLY AS THEY CAN ASCERTAIN, THE
NAME, DATE OF BIRTH, OCCUPATION, VETERAN STATUS, NATIONALITY, IF NOT A
CITIZEN OF THE UNITED STATES, AND RESIDENCE ON THE FIRST OF JANUARY OF
THE PRECEDING YEAR AND THE CURRENT YEAR, OF EACH PERSON SEVENTEEN YEARS
OF AGE OR OLDER RESIDING IN SUCH CITY. THE POLICE DEPARTMENT OF SUCH
CITY SHALL, UPON REQUEST, HAVE ACCESS TO THE LISTS.
(C) IN ANY CITY OR TOWN WHICH COMMUNICATES WITH RESIDENTS BY MAIL FOR
THE PURPOSE OF OBTAINING SUCH INFORMATION, THE COMMUNICATION SHALL STATE
IN BOLDFACE TYPE ON THE POSTCARD, ENVELOPE AND PRINTED MATERIAL
CONTAINED IN SUCH COMMUNICATION THE FOLLOWING STATEMENT: "WARNING --
FAILURE TO RESPOND TO THIS MAILING SHALL RESULT IN REMOVAL FROM THE
ACTIVE VOTING LIST AND MAY RESULT IN REMOVAL FROM THE VOTER REGISTRATION
ROLLS." CLERKS IN SUCH CITIES OR TOWNS COMMUNICATING WITH RESIDENTS BY
MAIL FOR THE PURPOSE OF OBTAINING SUCH INFORMATION MAY REQUIRE A
RESPONSE UNDER THE PENALTIES OF PERJURY.
(D) THE NAME AND ADDRESS OF ANY PERSON WHO PROVIDES THE CLERKS WITH A
COPY OF A COURT ORDER GRANTING PROTECTION OR EVIDENCE OF RESIDENCE IN A
PROTECTIVE SHELTER, SHALL NOT APPEAR ON THE STREET LIST AND SUCH NAMES
SHALL NOT BE DISCLOSED TO ANY PERSON. THE INFORMATION COLLECTED UNDER
THIS SECTION REGARDING A PERSON'S STATUS AS A VETERAN SHALL NOT BE A
PUBLIC RECORD AND SHALL ONLY BE DISCLOSED TO THE ADJUTANT GENERAL.
(E) THE NAME AND ADDRESS OF ANY LAW ENFORCEMENT OR PUBLIC SAFETY
PERSONNEL WHO SO REQUESTS SHALL NOT APPEAR ON THE STREET LIST AND SUCH
NAMES SHALL NOT BE DISCLOSED TO ANY PERSON.
S 507. SELECTION OF PROSPECTIVE JURORS; RANDOM NUMBER SEQUENCE; INFOR-
MATION AVAILABLE TO PUBLIC; MASTER JUROR LISTS. (A) ON OR BEFORE THE
FIRST DAY OF SEPTEMBER OF EACH YEAR, THE COMMISSIONER OF JURORS SHALL
RANDOMLY SELECT PROSPECTIVE JURORS FOR EACH CITY AND TOWN FROM THE
CORRESPONDING NUMBERED RESIDENT LIST OR NUMBERED RESIDENT FILE. EACH
SUCH NUMBERED RESIDENT, SO IDENTIFIED AND SELECTED, SHALL BE A PROSPEC-
TIVE JUROR OF THE CITY OR TOWN. THE RANDOM PROCEDURE AND METHOD USED FOR
THE SELECTION OF PROSPECTIVE JURORS AND THE METHOD OF GENERATION OF
RANDOM NUMBERS SHALL BE SPECIFIED IN THE UNIFORM RULES FOR THE JURY
SYSTEM. TECHNICAL DATA ON THE INTEGRITY OF THE RANDOM NUMBER GENERATION
METHOD USED UNDER THIS SECTION SHALL BE COMPILED BY THE OFFICE OF COURT
ADMINISTRATION. SUCH DATA SHALL BE AVAILABLE TO MEMBERS OF THE PUBLIC
UPON REQUEST.
(B) ON OR BEFORE THE FIRST DAY OF OCTOBER OF EACH YEAR, THE COMMIS-
SIONER OF JURORS SHALL PREPARE THE MASTER JUROR LIST FOR EACH COUNTY.
THE MASTER JUROR LIST FOR A COUNTY SHALL CONTAIN THE AGGREGATE OF ALL
PROSPECTIVE JUROR LISTS OF CITIES AND TOWNS WITHIN THE COUNTY. THE
COMMISSIONER OF JURORS SHALL RANDOMLY SHUFFLE THE NAMES THAT APPEAR ON
THE MASTER JUROR LIST AND STORE THE LIST AS A DATA PROCESSING FILE.
AFTER THE RANDOM SHUFFLING OF THE NAMES THAT APPEAR ON THE MASTER JUROR
LIST HAS OCCURRED, THE COMMISSIONER OF JURORS SHALL SUMMON GRAND AND
TRIAL JURORS FOR A COUNTY IN SEQUENCE FROM THE MASTER JUROR LIST FOR THE
COUNTY COMMENCING WITH JUROR SERVICE TO BE PERFORMED ON THE FIRST BUSI-
NESS DAY IN JANUARY OF THE SUCCEEDING CALENDAR YEAR.
(C) FOR EACH SUMMONS RETURNED BY THE UNITED STATES POSTAL SERVICE TO
THE COMMISSIONER OF JURORS AS "UNDELIVERABLE," THE COMMISSIONER OF
JURORS SHALL DRAW AT RANDOM FROM THE MASTER JUROR LIST THE NAME OF A
RESIDENT WHO LIVES IN THE SAME ZIP CODE AREA TO WHICH THE UNDELIVERABLE
SUMMONS HAD BEEN MAILED AND PREPARE AND CAUSE TO BE MAILED TO SUCH RESI-
DENT A SUMMONS FOR JURY SERVICE.
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THE COMMISSIONER OF JURORS SHALL UPDATE THE MASTER JUROR LIST BY
DELETING THE NAMES OF RESIDENTS TO WHOM AN UNDELIVERABLE SUMMONS HAD
BEEN SENT.
THE COMMISSIONER OF JURORS MAY INHIBIT THE SUMMONING OF A PERSON ON
THE MASTER JUROR LIST ON THE GROUND THAT SUCH PERSON HAS BEEN DETERMINED
TO BE NOT-QUALIFIED TO PERFORM JUROR SERVICE UNDER SECTION FIVE HUNDRED
TEN OF THIS ARTICLE. THE CONTENT AND FORM OF THE MASTER JUROR LIST SHALL
BE SPECIFIED IN THE UNIFORM RULES FOR THE JURY SYSTEM. THE METHOD OF
GENERATION OF RANDOM NUMBERS AND THE METHOD OF RANDOMLY SHUFFLING THE
MASTER JUROR LIST SHALL BE SPECIFIED IN THE UNIFORM RULES FOR THE JURY
SYSTEM.
S 508. NUMBERED RESIDENT LISTS; NUMBER OF JURORS. (A) ON OR BEFORE
THE FIRST DAY OF JUNE OF EACH YEAR, EACH CITY AND TOWN SHALL MAKE A
SEQUENTIALLY NUMBERED LIST OF THE NAMES, ADDRESSES, AND DATES OF BIRTH
OF ALL PERSONS WHO WERE SEVENTEEN YEARS OF AGE OR OLDER AS OF THE FIRST
DAY OF JANUARY OF THE CURRENT YEAR AND WHO RESIDED AS OF THE FIRST DAY
OF JANUARY OF THE CURRENT YEAR IN SUCH CITY OR TOWN. THE NAMES OF RESI-
DENTS SHALL BE LISTED AND NUMBERED, WITHOUT DUPLICATION, IN ALPHABETICAL
ORDER, ONE NAME TO EACH NUMBER, ALONG WITH SUCH OTHER INFORMATION AND IN
SUCH FORM AND FORMAT AS SHALL BE SPECIFIED IN THE UNIFORM RULES FOR THE
JURY SYSTEM. ON OR BEFORE THE SAID DATE, EACH CITY AND TOWN SHALL SUBMIT
ONE COPY OF THIS LIST TO THE COMMISSIONER OF JURORS AND MAKE A COPY OF
SUCH LIST AVAILABLE FOR INSPECTION BY MEMBERS OF THE PUBLIC. HEREINAFTER
IN THIS ARTICLE, SUCH LIST SHALL BE REFERRED TO AS THE "NUMBERED RESI-
DENT LIST" AND A PARTICULAR INDIVIDUAL ON SUCH LIST SHALL BE REFERRED TO
AS A "NUMBERED RESIDENT". THE COST OF PREPARING THE NUMBERED RESIDENT
LIST SHALL BE PAID BY THE CITY OR TOWN.
(B) ON OR BEFORE THE FIRST DAY OF JUNE OF EACH YEAR, EACH CITY AND
TOWN HAVING TWENTY THOUSAND OR MORE RESIDENTS ON ITS NUMBERED RESIDENT
LIST SHALL SUBMIT TO THE COMMISSIONER OF JURORS AN AUTOMATED COPY OF
SUCH LIST. SUCH AUTOMATED COPY, HEREINAFTER IN THIS ARTICLE REFERRED TO
AS THE "NUMBERED RESIDENT FILE", SHALL BE A DATA PROCESSING FILE
CONTAINED ON A MAGNETIC COMPUTER TAPE OR DISK OF SUCH KIND AND IN SUCH
FORMAT AS SHALL BE SPECIFIED IN THE UNIFORM RULES FOR THE JURY SYSTEM.
ANY CITY OR TOWN HAVING LESS THAN TWENTY THOUSAND RESIDENTS ON ITS
NUMBERED RESIDENT LIST MAY COMPLY WITH THIS SECTION. ANY CITY OR TOWN
THAT COMPLIES WITH THIS SECTION SHALL HAVE FULFILLED ALL OF ITS OBLI-
GATIONS FOR SUBMISSION OF POPULATION DATA TO THE COMMISSIONER OF JURORS
FOR THE CURRENT YEAR. THE COST OF PREPARING THE NUMBERED RESIDENT FILE
SHALL BE PAID BY THE CITY OR TOWN. THE COMMISSIONER OF JURORS SHALL
RETURN SAID COMPUTER TAPES OR DISKS TO THE CITIES AND TOWNS WITHIN A
REASONABLE TIME.
(C) ON OR BEFORE THE FIRST DAY OF JULY OF EACH YEAR, THE COMMISSIONER
OF JURORS SHALL DETERMINE THE NUMBER OF PROSPECTIVE JURORS TO BE DRAWN
FROM EACH CITY AND TOWN. THIS NUMBER SHALL BE AS NEARLY AS POSSIBLE
EQUAL TO THE RATIO OF THE POPULATION OF THE CITY OR TOWN TO THE ENTIRE
POPULATION OF THE COUNTY IN WHICH THE PARTICULAR CITY OR TOWN IS SITU-
ATED, MULTIPLIED BY THE TOTAL NUMBER OF PROSPECTIVE JURORS REQUIRED FOR
THE COUNTY. THE TOTAL NUMBER OF PROSPECTIVE JURORS REQUIRED FOR EACH
COUNTY SHALL BE DETERMINED BY THE COMMISSIONER OF JURORS AS A MATTER OF
DISCRETION. THE POPULATION OF THE CITIES, TOWNS, AND COUNTY REQUIRED
UNDER THIS SECTION SHALL BE DETERMINED FROM THE NUMBERED RESIDENT LISTS.
(D) ON OR BEFORE THE FIRST DAY OF AUGUST OF EACH YEAR, EACH CITY AND
TOWN THAT HAS NOT SUBMITTED A NUMBERED RESIDENT FILE PURSUANT TO THIS
SECTION SHALL SUBMIT TO THE COMMISSIONER OF JURORS A TYPEWRITTEN LIST OF
THE RANDOMLY SELECTED PROSPECTIVE JURORS FROM SUCH CITY OR TOWN. THIS
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LIST SHALL BE TYPED ON SPECIAL FORMS, SUPPLIED BY THE COMMISSIONER OF
JURORS WITHOUT COST, IN ORDER THAT THE LIST WILL BE SUITABLE FOR CONVER-
SION INTO A DATA PROCESSING FILE BY THE COMMISSIONER OF JURORS. THE
CONTENT AND FORMAT OF SUCH LIST AND THE SPECIAL FORMS SHALL BE SPECIFIED
IN THE UNIFORM RULES FOR THE JURY SYSTEM. THE COST OF TYPING THE SPECIAL
FORMS SHALL BE PAID BY THE CITY OR TOWN. THE COST OF PREPARING A DATA
PROCESSING FILE FROM THE TYPEWRITTEN LIST SHALL BE PAID BY THE COMMIS-
SIONER OF JURORS.
(E) ON OR BEFORE THE FIRST DAY OF SEPTEMBER OF EACH YEAR, THE COMMIS-
SIONER OF JURORS SHALL PREPARE THE PROSPECTIVE JUROR LIST FOR EACH CITY
AND TOWN. EACH LIST SHALL CONTAIN THE NAMES, ADDRESSES, DATES OF BIRTH,
AND RELATED INFORMATION FOR ALL RANDOMLY SELECTED PROSPECTIVE JURORS
FROM THE CITY OR TOWN. THE LIST SHALL BE IN ALPHABETICAL ORDER. THE
CONTENT AND FORMAT OF THE PROSPECTIVE JUROR LIST SHALL BE SPECIFIED IN
THE UNIFORM RULES FOR THE JURY SYSTEM. ON OR BEFORE THE FIRST DAY OF
OCTOBER OF EACH YEAR, THE COMMISSIONER OF JURORS SHALL MAIL TWO COPIES
OF THE PROSPECTIVE JUROR LIST TO EACH CITY AND TOWN. EACH CITY AND TOWN
SHALL MAKE THIS LIST AVAILABLE FOR INSPECTION BY MEMBERS OF THE PUBLIC.
THE COMMISSIONER OF JURORS SHALL MAKE THE PROSPECTIVE JUROR LIST OF ANY
CITY OR TOWN AVAILABLE FOR INSPECTION BY MEMBERS OF THE PUBLIC UPON
REQUEST; PROVIDED, HOWEVER, THAT SUCH LISTS SHALL BE AVAILABLE ONLY TO
ENSURE THE INTEGRITY OF THE JUROR SELECTION PROCESS AND THE ACCOUNTABIL-
ITY OF THE COMMISSIONER OF JURORS, AND THAT THE COMMISSIONER OF JURORS
SHALL HAVE DISCRETIONARY AUTHORITY TO REFUSE TO PROVIDE SUCH LISTS FOR
COMMERCIAL OR RESEARCH PURPOSES.
S 2. The sum of ten million dollars ($10,000,000) or so much thereof
as may be necessary, is hereby appropriated to the department of state
from any moneys in the state treasury in the general fund to the credit
of the local assistance account not otherwise appropriated, for its
expenses in carrying out the provisions of this act to be apportioned
according to the ratio of the population of each city or town to that of
the state.
S 3. This act shall take effect January 1, 2011.