Assembly Bill A317

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    317
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01203-01-5
              

 A. 317                              2
 
   (D) THE COURT SHALL EVALUATE THE REASONS GIVEN TO JUSTIFY THE  PEREMP-
 TORY  CHALLENGE IN LIGHT OF THE TOTALITY OF THE CIRCUMSTANCES. THE COURT
 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.