Bill Text: NY S09856 | 2023-2024 | General Assembly | Introduced

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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 1-0)

Status: (Introduced) 2024-06-06 - REFERRED TO RULES [S09856 Detail]

Download: New_York-2023-S09856-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9856

                    IN SENATE

                                      June 6, 2024
                                       ___________

        Introduced  by  Sen. HOYLMAN-SIGAL -- (at request of the Office of Court
          Administration) -- read twice and ordered printed, and when printed to
          be committed to the Committee on Rules

        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
    24  alternate juror must be seated, the jury shall deliberate  anew  on  all
    25  issues that were not determined by such rendered verdict.
    26    §  2.  This  act  shall take effect immediately and shall apply to all
    27  actions and proceedings pending on or after such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11446-01-3