S T A T E O F N E W Y O R K
________________________________________________________________________
2789
2011-2012 Regular Sessions
I N A S S E M B L Y
January 20, 2011
___________
Introduced by M. of A. CROUCH, OAKS, FINCH -- 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:
S 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.
LBD04743-01-1
A. 2789 2
FINANCIAL HARDSHIP DIRECTLY IMPAIRS THE APPLICANTS 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.
S 2. This act shall take effect immediately.