S T A T E O F N E W Y O R K
________________________________________________________________________
6111
2011-2012 Regular Sessions
I N A S S E M B L Y
March 7, 2011
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Introduced by M. of A. WEISENBERG -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to anonymous
juries and to repeal subdivision 1-a of section 270.15 of such law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 270.15 of the
criminal procedure law, as amended by chapter 467 of the laws of 1985,
is amended to read as follows:
(a) If no challenge to the panel is made as prescribed by section
270.10, or if such challenge is made and disallowed, the court shall
direct that the names of not less than twelve members of the panel be
drawn and called as prescribed by the judiciary law, EXCEPT AS OTHERWISE
REQUIRED BY SECTION 270.17 OF THIS ARTICLE. Such persons shall take
their places in the jury box and shall be immediately sworn to answer
truthfully questions asked them relative to their qualifications to
serve as jurors in the action. In its discretion, the court may require
prospective jurors to complete a questionnaire concerning their ability
to serve as fair and impartial jurors, including but not limited to
place of birth, current address, education, occupation, prior jury
service, knowledge of, relationship to, or contact with the court, any
party, witness or attorney in the action and any other fact relevant to
his or her service on the jury. An official form for such questionnaire
shall be developed by the chief administrator of the courts in consulta-
tion with the administrative board of the courts. A copy of question-
naires completed by the members of the panel shall be given to the court
and each attorney prior to examination of prospective jurors.
S 2. Subdivision 1-a of section 270.15 of the criminal procedure law
is REPEALED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03614-01-1
A. 6111 2
S 3. The criminal procedure law is amended by adding a new section
270.17 to read as follows:
S 270.17 TRIAL JURY; ANONYMOUS PANEL.
1. THE PEOPLE MAY MAKE A MOTION FOR AN ORDER PROTECTING THE NAMES AND
RESIDENTIAL AND BUSINESS ADDRESSES OF JURORS AND PROSPECTIVE JURORS FROM
DISCLOSURE TO ANY PERSON. SUCH A MOTION SHALL BE MADE NO LATER THAN
THREE DAYS, EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS, PRIOR TO THE
COMMENCEMENT OF JURY SELECTION, BUT FOR GOOD CAUSE SHOWN MAY BE MADE
THEREAFTER. THE COURT SHALL CONDUCT A HEARING UPON SUCH MOTION AND MAKE
FINDINGS OF FACT ESSENTIAL TO THE DETERMINATION THEREOF. ALL PERSONS
GIVING FACTUAL INFORMATION AT SUCH HEARING MUST TESTIFY UNDER OATH,
EXCEPT THAT UNSWORN EVIDENCE PURSUANT TO SUBDIVISION TWO OF SECTION
60.20 OF THIS CHAPTER ALSO MAY BE RECEIVED. UPON SUCH HEARING, HEARSAY
EVIDENCE SHALL BE ADMISSIBLE TO ESTABLISH ANY MATERIAL FACT.
2. AT THE HEARING, THE PEOPLE SHALL BEAR THE BURDEN OF PROVING BY
CLEAR AND CONVINCING EVIDENCE THAT A PROTECTIVE ORDER IS NECESSARY TO
PROTECT AGAINST THE LIKELIHOOD OF BRIBERY, JURY TAMPERING OR PHYSICAL
INJURY TO OR HARASSMENT OF THE JURORS OR PROSPECTIVE JURORS. IN DETER-
MINING WHETHER THE PEOPLE HAVE SUSTAINED THIS BURDEN, THE COURT MAY
CONSIDER ANY RELEVANT FACTORS, INCLUDING:
(A) WHETHER DEFENDANT OR PERSONS ACTING ON DEFENDANT'S BEHALF HAVE
BRIBED, TAMPERED WITH, OR CAUSED OR ATTEMPTED TO CAUSE PHYSICAL INJURY
TO OR HARASSMENT OF A JUROR OR PROSPECTIVE JUROR, OR A WITNESS OR
PROSPECTIVE WITNESS, IN ANOTHER CRIMINAL ACTION OR PROCEEDING OR IN THE
INSTANT CRIMINAL ACTION OR PROCEEDING;
(B) WHETHER DEFENDANT IS A MEMBER OF AN ENTERPRISE, AS DEFINED IN
SUBDIVISION TWO OF SECTION 460.10 OF THE PENAL LAW, THAT BY ITSELF OR
THROUGH ANY OF ITS MEMBERS HAS MANIFESTED AN INTENTION TO BRIBE, TAMPER
WITH, OR CAUSE OR ATTEMPT TO CAUSE PHYSICAL INJURY TO OR HARASSMENT OF A
JUROR OR PROSPECTIVE JUROR, OR A WITNESS OR PROSPECTIVE WITNESS, IN THE
INSTANT CRIMINAL ACTION OR PROCEEDING;
(C) THE SERIOUSNESS OF THE CHARGES AGAINST DEFENDANT;
(D) THE EXTENT OF PRETRIAL PUBLICITY CONCERNING THE CRIMINAL ACTION OR
PROCEEDING.
3. IF THE COURT DETERMINES THAT A PROTECTIVE ORDER SHOULD BE ISSUED IT
SHALL DIRECT THAT ALL JURORS AND PROSPECTIVE JURORS THEREAFTER SHALL BE
IDENTIFIED BY SOME MEANS OTHER THAN THEIR NAMES AND THEIR RESIDENTIAL
AND BUSINESS ADDRESSES. THE COURT MAY ENLARGE THE SCOPE AND DURATION OF
THE PARTIES' EXAMINATION OF PROSPECTIVE JURORS TO ASSURE THAT THE
PARTIES HAVE SUFFICIENT INFORMATION UPON WHICH TO BASE THE EXERCISE OF
PEREMPTORY CHALLENGES AND CHALLENGES FOR CAUSE PURSUANT TO SECTIONS
270.20 AND 270.25 OF THIS ARTICLE.
4. UPON REQUEST BY A DEFENDANT, BUT NOT OTHERWISE, THE COURT SHALL
INSTRUCT THE JURY THAT THE FACT THAT THE JURY WAS SELECTED ON AN ANONY-
MOUS BASIS IS NOT A FACTOR FROM WHICH ANY INFERENCE UNFAVORABLE TO THE
DEFENDANT MAY BE DRAWN.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law.