Bill Text: NY A08972 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 8972 (Prior Session Legislation)

Introduced

Bill Title: Requires the court to retain one or both alternate jurors until the final verdict is delivered.

Spectrum: Moderate Partisan Bill (Republican 15-2)

Status: (Introduced - Dead) 2012-06-05 - held for consideration in judiciary [A08972 Detail]

Download: New_York-2011-A08972-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8972
                                 I N  A S S E M B L Y
                                   January 10, 2012
                                      ___________
       Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
         Committee on Judiciary
       AN ACT to amend the civil practice law and rules, in relation to retain-
         ing alternate jurors until verdicts are returned
         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 336 of the laws  of  1972,  is  amended  to  read  as
    3  follows:
    4    S  4106. Alternate jurors. Unless the court, in its discretion, orders
    5  otherwise, one or two additional  jurors,  to  be  known  as  "alternate
    6  jurors",  may be drawn upon the request of a party. Such jurors shall be
    7  drawn at the same time, from the same source, in the  same  manner,  and
    8  have  the  same  qualifications as the regular jurors, and be subject to
    9  the same examinations and challenges. They shall be  seated  with,  take
   10  the oath with, and be treated in the same manner as the regular jurors[,
   11  except  that after]. AFTER final submission of the case, the court shall
   12  [discharge] SEPARATE the alternate jurors FROM THE  REGULAR  JURORS  FOR
   13  DELIBERATIONS,  BUT  SHALL NOT DISCHARGE EITHER OR BOTH ALTERNATE JURORS
   14  UNTIL THE FINAL VERDICT IS DELIVERED.  If[, before the final  submission
   15  of  the  case,]  a  regular juror dies, or becomes ill, or for any other
   16  reason is unable to perform his OR HER duty[, the court may order him to
   17  be discharged and draw the name of an alternate, who shall  replace  the
   18  discharged  juror  in  the  jury  box,  and be treated as if he had been
   19  selected as one of the regular jurors] AS A REGULAR JUROR  AND  IF  SUCH
   20  INABILITY OCCURS AFTER THE FINAL SUBMISSION OF THE CASE AND PRIOR TO THE
   21  DELIVERY  OF  THE VERDICT, THE COURT SHALL DRAW THE NAME OF AN ALTERNATE
   22  WHO SHALL REPLACE SAID REGULAR JUROR. IN THE  EVENT  THAT  AN  ALTERNATE
   23  JUROR  REPLACES  A  REGULAR  JUROR, THE COURT SHALL DIRECT THAT THE JURY
   24  COMMENCE DELIBERATIONS ANEW AS IF NO PRIOR DELIBERATIONS OCCURRED.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13899-03-2