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Senate Bill S1911

2011-2012 Legislative Session

Regulates discrimination in exercise of peremptory challenge

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-S1911 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §270.25, CP L
Versions Introduced in 2009-2010 Legislative Session:
S893

2011-S1911 (ACTIVE) - Summary

Provides that where the court determines that a party has engaged in purposeful discrimination against prospective jurors in the exercise of peremptory challenges, it shall seat the juror, discharge the jury panel or fashion any other appropriate remedy.

2011-S1911 (ACTIVE) - Sponsor Memo

2011-S1911 (ACTIVE) - Bill Text download pdf 

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

                                  1911

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to the  exercise
  of peremptory challenges

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

  Section 1. Subdivision 1 of section 270.25 of the  criminal  procedure
law is amended to read as follows:
  1.  A  peremptory challenge is an objection to a prospective juror for
which no reason need be assigned,  EXCEPT  AS  PROVIDED  IN  SUBDIVISION
ONE-A  OF THIS SECTION.  Upon any LAWFUL peremptory challenge, the court
must exclude the person challenged from service.
  S 2. Section 270.25 of the criminal procedure law is amended by adding
a new subdivision 1-a to read as follows:
  1-A. (A) AT ANY TIME AFTER JURY SELECTION HAS  BEGUN  AND  BEFORE  THE
OPENING  STATEMENT  IS MADE BY THE PROSECUTOR, EITHER PARTY MAY, OUTSIDE
OF THE HEARING OF BOTH PROSPECTIVE AND SWORN JURORS, MAKE  A  MOTION  IN
WRITING  OR  ORALLY  UPON  THE  RECORD FOR AN ORDER DISCHARGING THE JURY
PANEL OR FOR OTHER APPROPRIATE RELIEF UPON THE GROUNDS  THAT  THE  OTHER
PARTY  HAS  PURPOSEFULLY  DISCRIMINATED ON THE BASIS OF RACE, SEX, RELI-
GION, OR NATIONAL ORIGIN IN THE EXERCISE OF PEREMPTORY CHALLENGES.
  (B) WHERE, AFTER ACCORDING EACH PARTY AN OPPORTUNITY TO BE HEARD,  THE
COURT  FINDS  THAT  A PRIMA FACIE CASE HAS BEEN ESTABLISHED THAT A PARTY
HAS PURPOSEFULLY DISCRIMINATED IN THE EXERCISE OF PEREMPTORY  CHALLENGES
TO  STRIKE  PROSPECTIVE  JURORS ON ACCOUNT OF THE RACE, RELIGION, SEX OR
NATIONAL ORIGIN OF SUCH PROSPECTIVE JURORS, THE COURT SHALL MAKE INQUIRY
OF THE PARTY EXERCISING THE PEREMPTORY CHALLENGES.
  (C) AFTER THE PARTY OF WHOM INQUIRY WAS MADE HAS RESPONDED, THE  COURT
SHALL  EVALUATE,  IN LIGHT OF THE CLAIMS MADE, THE REASONS GIVEN FOR THE
EXERCISE OF PEREMPTORY CHALLENGES AND DETERMINE WHETHER THE MOVING PARTY
HAS ESTABLISHED SUCH PURPOSEFUL DISCRIMINATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07161-01-1

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