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Assembly Bill A8972

2011-2012 Legislative Session

Requires the court to retain one or both alternate jurors until the final verdict is delivered

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Archive: Last Bill Status - In Assembly Committee

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2011-A8972 (ACTIVE) - Details

See Senate Version of this Bill:
S6361
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง4106, CPLR
Versions Introduced in 2013-2014 Legislative Session:
S1515

2011-A8972 (ACTIVE) - Summary

Requires the court to retain one or both alternate jurors until the final verdict is delivered.

2011-A8972 (ACTIVE) - Bill Text download pdf 

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

                                  8972

                          I N  A S S E M B L Y

                            January 10, 2012
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to retain-
  ing alternate jurors until verdicts are returned

  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 or two additional  jurors,  to  be  known  as  "alternate
jurors",  may be drawn upon the request of a party. Such jurors shall be
drawn at the same time, from the same source, in the  same  manner,  and
have  the  same  qualifications 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] SEPARATE the alternate jurors FROM THE  REGULAR  JURORS  FOR
DELIBERATIONS,  BUT  SHALL NOT DISCHARGE EITHER OR BOTH ALTERNATE JURORS
UNTIL THE FINAL VERDICT IS DELIVERED.  If[, before the final  submission
of  the  case,]  a  regular juror dies, or becomes ill, or for any other
reason is unable to perform his OR HER duty[, the court may order him to
be discharged and draw the name of an alternate, who shall  replace  the
discharged  juror  in  the  jury  box,  and be treated as if he had been
selected as one of the regular jurors] AS A REGULAR JUROR  AND  IF  SUCH
INABILITY OCCURS AFTER THE FINAL SUBMISSION OF THE CASE AND PRIOR TO THE
DELIVERY  OF  THE VERDICT, THE COURT SHALL DRAW THE NAME OF AN ALTERNATE
WHO SHALL REPLACE SAID REGULAR JUROR. IN THE  EVENT  THAT  AN  ALTERNATE
JUROR  REPLACES  A  REGULAR  JUROR, THE COURT SHALL DIRECT THAT THE JURY
COMMENCE DELIBERATIONS ANEW AS IF NO PRIOR DELIBERATIONS OCCURRED.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13899-03-2

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