S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6870
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  prohibiting
   peremptory  challenges  of  prospective  jurors  based on race, color,
   national origin, ancestry,  gender,  gender  identity  or  expression,
   religion, religious practice, age, disability, or sexual orientation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 270.25 of the  criminal  procedure
 law is amended to read as follows:
   1.  A  peremptory challenge is an objection to a prospective juror for
 which no reason need be assigned. Upon any LAWFUL peremptory  challenge,
 the court must exclude the person challenged from service.
   §  2. Section 270.25 of the criminal procedure law is amended to add a
 new subdivision 4 to read as follows:
   4. (A) A PARTY SHALL NOT  USE  A  PEREMPTORY  CHALLENGE  TO  REMOVE  A
 PROSPECTIVE  JUROR  ON  THE  BASIS OF SUCH JUROR'S RACE, COLOR, NATIONAL
 ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELIGION, RELI-
 GIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION.
   (B) A PARTY MAY OBJECT TO THE IMPROPER USE OF A  PEREMPTORY  CHALLENGE
 IF SUCH PARTY BELIEVES THAT SUCH CHALLENGE WAS MADE ON AN UNLAWFUL BASIS
 IN  VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION. AFTER SUCH OBJECTION
 IS MADE, ANY FURTHER DISCUSSION SHALL BE CONDUCTED OUTSIDE THE  PRESENCE
 OF  THE PANEL. THE OBJECTION SHALL BE MADE BEFORE THE JURY IS IMPANELED,
 UNLESS INFORMATION BECOMES KNOWN THAT COULD  NOT  HAVE  REASONABLY  BEEN
 KNOWN BEFORE THE JURY WAS IMPANELED.
   (C) UPON THE OBJECTION MADE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
 SION,  THE  PARTY  EXERCISING  THE  PEREMPTORY CHALLENGE SHALL STATE THE
 REASONS FOR EXERCISING SUCH CHALLENGE TO THE COURT.
   (D) THE COURT SHALL EVALUATE THE REASONS GIVEN TO JUSTIFY THE  PEREMP-
 TORY  CHALLENGE IN LIGHT OF THE TOTALITY OF THE CIRCUMSTANCES. THE COURT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10065-01-3
              

 A. 6870                             2
 
 SHALL CONSIDER ONLY THE REASONS ACTUALLY GIVEN AND SHALL  NOT  SPECULATE
 ON,  OR  ASSUME  THE EXISTENCE OF, OTHER POSSIBLE JUSTIFICATIONS FOR THE
 USE OF THE PEREMPTORY CHALLENGE. IF THE COURT DETERMINES  THAT,  IN  THE
 VIEW OF A REASONABLE PERSON, THE RACE, COLOR, NATIONAL ORIGIN, ANCESTRY,
 GENDER,  GENDER  IDENTITY  OR  EXPRESSION, RELIGION, RELIGIOUS PRACTICE,
 AGE, DISABILITY, OR SEXUAL ORIENTATION OF A JUROR WAS A  FACTOR  IN  THE
 EXERCISE  OF  THE  PEREMPTORY  CHALLENGE,  THEN  THE  OBJECTION SHALL BE
 SUSTAINED AND THE PEREMPTORY CHALLENGE SHALL BE DEFEATED. THE COURT NEED
 NOT FIND PURPOSEFUL DISCRIMINATION TO SUSTAIN SUCH OBJECTION. THE  COURT
 SHALL EXPLAIN THE REASONS FOR ITS RULING ON THE RECORD.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a  law  and  shall apply to all jury selections
 commenced on or after such date.