S T A T E   O F   N E W   Y O R K
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                                  3151

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced by M. of A. CALHOUN, BUTLER -- Multi-Sponsored by -- M. of A.
  CONTE,  J. MILLER,  SAYWARD,  THIELE  -- 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.
                                                           LBD02846-01-1
              

A. 3151                             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;  AN EXEMPT VOLUNTEER FIREFIGHTER, AS DEFINED IN SECTION
TWO HUNDRED OF THE GENERAL MUNICIPAL LAW; OR A VOLUNTEER AMBULANCE WORK-
ER, AS DEFINED IN SUBDIVISION NINE-B OF SECTION TWO  HUNDRED  NINETEEN-C
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.