Assembly Bill A2346A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2346--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, EPSTEIN, MITAYNES, KELLES, BURDICK,
   SIMON, GALLAGHER, SAYEGH, SEAWRIGHT, GIBBS, DARLING,  FORREST,  ZINER-
   MAN, WEPRIN -- read once and referred to the Committee on Judiciary --
   reported  and referred to the Committee on Ways and Means -- recommit-
   ted to the Committee on Ways and Means  in  accordance  with  Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the judiciary law, in relation to increasing the  amount
   of allowance that trial and grand jurors are entitled to in each court
   of the unified court system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 521 of  the  judiciary  law,  as
 amended  by  chapter  302  of  the  laws  of 2002, is amended to read as
 follows:
   (a) Except as provided in subdivision (b) of this section,  trial  and
 grand jurors in each court of the unified court system shall be entitled
 to  an allowance equal to the sum of [forty] SEVENTY-TWO dollars per day
 for each  and  every  day  of  physical  attendance  wherein  the  court
 convenes,  except  that  no  person who is employed shall be entitled to
 receive such allowance if, pursuant to section five hundred nineteen  of
 this  article,  his  or  her employer is prohibited from withholding the
 first [forty] SEVENTY-TWO dollars of wages of such  person  during  such
 period and such person's daily wages equal or exceed [forty] SEVENTY-TWO
 dollars.  If such person's daily wages are less than [forty] SEVENTY-TWO
 dollars, he or she shall be entitled to receive an  allowance  hereunder
 equal  to  the  difference  between  [forty] SEVENTY-TWO dollars and the
 amount of his or her daily wages. Such fees and those expenses  actually
 and  necessarily incurred in providing food and lodging for jurors shall
 be a state charge payable out of funds appropriated  to  the  office  of
 court administration for that purpose.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01541-04-4
              

 A. 2346--A                          2
 
   §  2.  Section 519 of the judiciary law, as added by chapter 85 of the
 laws of 1995, is amended to read as follows:
   §  519. Right of juror to be absent from employment. Any person who is
 summoned to serve as a juror under the provisions of  this  article  and
 who  notifies  his or her employer to that effect prior to the commence-
 ment of a term of service shall not, on account of absence from  employ-
 ment by reason of such jury service, be subject to discharge or penalty.
 An employer may, however, withhold wages of any such employee serving as
 a juror during the period of such service; provided that an employer who
 employs  more  than  ten  employees shall not withhold the first [forty]
 SEVENTY-TWO dollars of such juror's daily wages during the  first  three
 days  of  jury  service.  Withholding  of  wages in accordance with this
 section shall not be deemed a penalty. Violation of this  section  shall
 constitute  a  criminal contempt of court punishable pursuant to section
 seven hundred fifty of this chapter.
   § 3. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.