senate Bill S5004

Signed By Governor
2013-2014 Legislative Session

Relates to discretionary retention of alternate jurors after final submission of the case

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A6553 -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.204
Jul 19, 2013 delivered to governor
Jun 04, 2013 returned to assembly
passed senate
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

S5004 - Details

See Assembly Version of this Bill:
A6553
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง4106, CPLR
Versions Introduced in 2011-2012 Legislative Session:
S6658A, A10376

S5004 - Summary

Grants the court discretionary authority to retain alternate jurors after final submission of the case.

S5004 - Sponsor Memo

S5004 - Bill Text download pdf

                    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

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