Bill Text: NY A08323 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides that after an alternate juror has been substituted, the jury shall deliberate anew on all issues submitted to the jury at the outset of deliberations; exempts issues for which a verdict was already rendered.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-05-22 - reported referred to rules [A08323 Detail]
Download: New_York-2023-A08323-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8323 2023-2024 Regular Sessions IN ASSEMBLY November 29, 2023 ___________ Introduced by M. of A. RAJKUMAR -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judici- ary AN ACT to amend the civil practice law and rules, in relation to alter- nate jurors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 4106 of the civil practice law and rules, as 2 amended by chapter 204 of the laws of 2013, is amended to read as 3 follows: 4 § 4106. Alternate jurors. One or more additional jurors, to be known 5 as "alternate jurors", may be drawn upon the request of a party and 6 consent of the court. Such alternate juror or jurors shall be drawn at 7 the same time, from the same source, in the same manner, and have the 8 same qualifications as regular jurors, and be subject to the same exam- 9 inations and challenges. They shall be seated with, take the oath with, 10 and be treated in the same manner as the regular jurors. After final 11 submission of the case, the court may, in its discretion, retain such 12 alternate juror or jurors to ensure availability if needed. At any time, 13 before or after the final submission of the case, if a regular juror 14 dies, or becomes ill, or is unable to perform the duties of a juror, the 15 court may order that juror discharged and draw the name of an alternate, 16 or retained alternate, if any, who shall replace the discharged juror, 17 and be treated as if that juror had been selected as one of the regular 18 jurors. Once deliberations have begun, the court may allow an alternate 19 juror to participate in such deliberations only if a regular juror 20 becomes unable to perform the duties of a juror. After an alternate 21 juror has been substituted, the jury shall deliberate anew on all of the 22 issues that were submitted to the jury at the outset of deliberations. 23 Where a jury has rendered the verdict on one or more issues, and an EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11446-01-3A. 8323 2 1 alternate juror must be seated, the jury shall deliberate anew on all 2 issues that were not determined by such rendered verdict. 3 § 2. This act shall take effect immediately and shall apply to all 4 actions and proceedings pending on or after such effective date.
