S T A T E O F N E W Y O R K
________________________________________________________________________
7331
I N S E N A T E
April 15, 2016
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to optional excusal from
jury service for persons age 70 and over
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 517 of the judiciary law is
amended by adding a new paragraph 3 to read as follows:
(3) AN APPLICATION FOR EXCUSAL FROM THE WHOLE OF THE TIME OF JURY
SERVICE SHALL BE GRANTED HEREUNDER UPON THE REQUEST OF ANY PERSON WHO IS
SEVENTY YEARS OF AGE OR OVER MADE TO THE COMMISSIONER OF JURORS, WITHOUT
ANY NEED TO SHOW MENTAL OR PHYSICAL INCAPACITY, UNDUE HARDSHIP OR
EXTREME INCONVENIENCE TO THE APPLICANT. THE APPLICATION WITH PROOF OF
AGE SHALL BE PRESENTED TO THE COMMISSIONER BY MAIL, FAX, EMAIL OR IN
PERSON AT SUCH TIME AS HE OR SHE SHALL REQUIRE.
S 2. Subdivision (c) of section 517 of the judiciary law, as amended
by chapter 86 of the laws of 1995, is amended to read as follows:
(c) [In] EXCEPT AS PROVIDED IN PARAGRAPH THREE OF SUBDIVISION (A) OF
THIS SECTION, IN determining whether an application for excusal should
be granted, the commissioner or the court shall consider whether the
applicant has a mental or physical condition that causes him or her to
be incapable of performing jury service or there is any other fact WHICH
indicates that attendance for jury service in accordance with the
summons would cause undue hardship or extreme inconvenience to the
applicant, a person under his or her care or supervision, or the public.
Except as provided in paragraph two of subdivision (a) of this section,
in determining whether an application for postponement should be grant-
ed, the commissioner or the court shall be guided by standards promul-
gated by the chief administrator of the courts.
S 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13873-01-6