senate Bill S6658A

2011-2012 Legislative Session

Grants the court discretionary authority to retain alternate jurors after final submission of the case

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 05, 2012 advanced to third reading
Jun 04, 2012 2nd report cal.
May 31, 2012 1st report cal.986
May 24, 2012 print number 6658a
amend and recommit to judiciary
Mar 08, 2012 referred to judiciary

Votes

view votes

May 31, 2012 - Judiciary committee Vote

S6658A
16
0
committee
16
Aye
0
Nay
5
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Judiciary committee vote details

S6658 - Details

See Assembly Version of this Bill:
A10376
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4106, CPLR

S6658 - Summary

Grants the court discretionary authority to retain alternate jurors after final submission of the case.

S6658 - Sponsor Memo

S6658 - Bill Text download pdf

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

                                  6658

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  discretionary retention of alternate jurors after final submission  of
  the case

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

  Section 1. Section 4106 of  the  civil  practice  law  and  rules,  as
amended  by  chapter  336  of  the  laws  of 1972, is amended to read as
follows:
  S 4106. Alternate jurors. [Unless the court, in its discretion, orders
otherwise, one] ONE or [two] MORE additional  jurors,  to  be  known  as
"alternate jurors", may be drawn upon the request of a party AND CONSENT
OF  THE  COURT.   Such ALTERNATE jurors shall be drawn at the same time,
from the same source, in the same manner, and have the  same  qualifica-
tions  as  [the] regular jurors, and be subject to the same examinations
and challenges. They shall be seated with, take the oath  with,  and  be
treated  in  the same manner as the regular jurors[, except that after].
AFTER final submission of the case, the court [shall discharge the] MAY,
IN ITS DISCRETION, RETAIN SUCH alternate jurors[. If] TO  ENSURE  AVAIL-
ABILITY  IF NEEDED. AT ANY TIME, before OR AFTER the final submission of
the case, a regular juror dies,  or  becomes  ill,  or  [for  any  other
reason] is unable to perform [his duty] THE DUTIES OF A JUROR, the court
may  order  [him  to  be]  THAT JUROR discharged and draw the name of an
alternate,  OR  RETAINED  ALTERNATE,  IF  ANY,  who  shall  replace  the
discharged juror [in the jury box,] and be treated as if [he] THAT JUROR
had  been  selected  as  one of the regular jurors.   RETAINED ALTERNATE
JURORS, EVEN THOUGH NOT SUBSTITUTED FOR  DISABLED  REGULAR  JURORS,  MAY
NONETHELESS  ATTEND,  AND  PARTICIPATE  IN, JURY DELIBERATIONS, BUT ONLY
UPON THE EXPRESS CONSENT OF ALL PARTIES.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to all
actions commenced on or after such date and to all  pending  actions  in
which a jury has not yet been selected.

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

S6658A (ACTIVE) - Details

See Assembly Version of this Bill:
A10376
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4106, CPLR

S6658A (ACTIVE) - Summary

Grants the court discretionary authority to retain alternate jurors after final submission of the case.

S6658A (ACTIVE) - Sponsor Memo

S6658A (ACTIVE) - Bill Text download pdf

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

                                 6658--A

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  discretionary retention of alternate jurors after final submission  of
  the case

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

  Section 1. Section 4106 of  the  civil  practice  law  and  rules,  as
amended  by  chapter  336  of  the  laws  of 1972, is amended to read as
follows:
  S 4106. Alternate jurors. [Unless the court, in its discretion, orders
otherwise, one] ONE or [two] MORE additional  jurors,  to  be  known  as
"alternate jurors", may be drawn upon the request of a party AND CONSENT
OF  THE  COURT.   Such ALTERNATE jurors shall be drawn at the same time,
from the same source, in the same manner, and have the  same  qualifica-
tions  as  [the] regular jurors, and be subject to the same examinations
and challenges. They shall be seated with, take the oath  with,  and  be
treated  in  the same manner as the regular jurors[, except that after].
AFTER final submission of the case, the court [shall discharge the] MAY,
IN ITS DISCRETION, RETAIN SUCH alternate jurors[. If] TO  ENSURE  AVAIL-
ABILITY  IF NEEDED. AT ANY TIME, before OR AFTER the final submission of
the case, a regular juror dies,  or  becomes  ill,  or  [for  any  other
reason] is unable to perform [his duty] THE DUTIES OF A JUROR, the court
may  order  [him  to  be]  THAT JUROR discharged and draw the name of an
alternate,  OR  RETAINED  ALTERNATE,  IF  ANY,  who  shall  replace  the
discharged juror [in the jury box,] and be treated as if [he] THAT JUROR
had been selected as one of the regular jurors.  ONCE DELIBERATIONS HAVE
BEGUN,  THE  COURT  MAY  ALLOW AN ALTERNATE JUROR TO PARTICIPATE IN SUCH
DELIBERATIONS ONLY IF A REGULAR JUROR  BECOMES  UNABLE  TO  PERFORM  THE
DUTIES OF A JUROR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14029-03-2

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