senate Bill S1515

2013-2014 Legislative Session

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

download bill text pdf

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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jun 21, 2013 committed to rules
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.297
Jan 09, 2013 referred to judiciary

Votes

view votes

Apr 16, 2013 - Judiciary committee Vote

S1515
19
1
committee
19
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

S1515 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4106, CPLR
Versions Introduced in 2011-2012 Legislative Session:
S6361

S1515 - Summary

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

S1515 - Sponsor Memo

S1515 - Bill Text download pdf

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

                                  1515

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 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

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