|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 31, 2013||
|Jul 19, 2013||
delivered to governor
|Jun 04, 2013||
returned to assembly
3rd reading cal.765
substituted for s5004
|Jun 04, 2013||
substituted by a6553
|Jun 03, 2013||
advanced to third reading
|May 30, 2013||
2nd report cal.
|May 29, 2013||
1st report cal.765
|May 03, 2013||
referred to judiciary
senate Bill S5004Signed By Governor
Relates to discretionary retention of alternate jurors after final submission of the case
Archive: Last Bill Status Via A6553 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (11)
Jun 4, 2013 - floor VoteA6553621floor62Aye1Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: Jun 4, 2013aye (62)
May 29, 2013 - Judiciary committee VoteS5004200committee20Aye0Nay2Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S5004 - Bill Details
S5004 - Bill Texts
Grants the court discretionary authority to retain alternate jurors after final submission of the case.
view sponsor memo
TITLE OF BILL: 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
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Advisory
Committee on Civil Practice.
This measure would amend CPLR 4106 to permit the court, in its
discretion, to retain one or more alternate jurors after final
submission of a case to ensure availability if needed during jury
deliberations. The proposed amendment of section 4106 also addresses
the manner in which the retained alternate jurors may be utilized.
Current CPLR 4106 provides that after final submission of the case,
"the court shall discharge the alternate jurors". As a consequence, in
the event that a juror becomes disabled during deliberations, the
court must declare a mistrial unless all parties consent to proceed
with a five person jury, which consent is rarely obtained. In cases of
several weeks' duration, classically commercial, medical malpractice
or products liability cases, a mistrial results in a tremendous waste
of time and money for the litigants, the attorneys, and the court, and
frustration for the remaining jurors who have served throughout a
prolonged trial in an effort to render a verdict. There is a
continuing disparity among many courts statewide as to the practice
regarding alternate jurors.
This measure also would amend CPLR 4106 to address the manner in which
the retained alternate jurors may be utilized by providing that 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.
This measure also makes gender-neutral changes.
In proposing this measure, our Advisory Committee expresses its
appreciation for the recommendations of Honorable Philip G. Minardo,
former Administrative Judge, Richmond County. Judge Minardo made his
recommendations on behalf of and with the support of the New York
State Association of Supreme Court Justices and the New York City
Association of Supreme Court Justices.
This measure would have no fiscal impact on the State. It would take
effect on the first day of January next succeeding the date on which
it shall become law and shall apply to all actions commenced on or
after that effective date and to all pending actions in which a jury
has not yet been selected.
2012 Legislative History: Senate 6658-A (Bonacic) Rules Assembly
10376 (M. of A. Skartados) Passed
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 5004 2013-2014 Regular Sessions I N S E N A T E May 3, 2013 ___________ 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 JUROR OR jurors shall be drawn at the same time, from the same source, in the same manner, and have the same quali- fications as [the] regular jurors, and be subject to the same examina- tions 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 JUROR OR jurors[. If] TO ENSURE AVAILABILITY IF NEEDED. AT ANY TIME, before OR AFTER the final submission of the case, IF 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. LBD09911-01-3 S. 5004 2 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 effective date and to all pending actions on such effective date in which a jury has not yet been selected.
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