Assembly Bill A3442

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3442
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to  excusing  prospective
   jurors from jury service if they are a full-time caregiver responsible
   for  the  care  of  a  person with a mental or physical condition that
   causes such person to be incapable of caring for themself
 
   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, as
 amended by chapter 86 of the laws of 1995, paragraphs 1 and 2 as amended
 by chapter 380 of the laws of 2019, is amended to read as follows:
   (a) (1) Except as otherwise provided in paragraph two OR THREE of this
 subdivision, the commissioner of jurors  may,  in  [his  or  her]  THEIR
 discretion,  on  the  application  of  a  prospective juror who has been
 summoned to attend, excuse such prospective juror from  a  part  or  the
 whole  of  the  time  of  jury  service or may postpone the time of jury
 service to a later day during the same or any  subsequent  term  of  the
 court, provided  that if the prospective juror is a breastfeeding [moth-
 er] PERSON and submits with [her] THEIR application a note from a physi-
 cian indicating that the prospective juror is breastfeeding, the commis-
 sioner shall excuse the prospective juror or postpone the time  of  jury
 service.  The application shall be presented to the commissioner at such
 time and in such manner as [he or she] SUCH COMMISSIONER shall  require,
 except that an application for postponement of the initial date for jury
 service may be made by telephone.
   (2)  An  application for postponement of jury service shall be granted
 [hereunder] PURSUANT TO THIS SECTION provided: (i) such service has  not
 already  been postponed or excused, (ii) the application is made at such
 time and in such manner as the  commissioner  of  jurors  requires,  and
 (iii) the postponement is to a date certain when the court is in session
 not  more than six months after the date on which such service otherwise
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06692-01-5
              

 A. 3442                             2
 
 is  to  commence  and  such  date  is  selected   by   the   prospective
 juror, provided  that if the prospective juror is a breastfeeding [moth-
 er] PERSON, the postponement date may be a date certain up to two  years
 after the date on which such service otherwise is to commence.
   (3) AN APPLICATION TO BE EXCUSED FROM JURY SERVICE SHALL BE GRANTED IF
 THE  PROSPECTIVE  JUROR  PROVIDES  A  WRITTEN STATEMENT UNDER PENALTY OF
 PERJURY, IN A FORM AND  MANNER  AS  THE  COMMISSIONER  OF  JURORS  SHALL
 REQUIRE,  THAT SUCH PROSPECTIVE JUROR IS A FULL-TIME CAREGIVER RESPONSI-
 BLE FOR THE CARE OF A PERSON WITH A MENTAL OR  PHYSICAL  CONDITION  THAT
 CAUSES SUCH PERSON TO BE INCAPABLE OF CARING FOR THEMSELF.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.