Permits the court to withhold the names and addresses of jurors in certain proceedings; sets factors for determining good cause to issue protective orders for juries.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7495
SPONSOR: Lavine TITLE OF BILL:
An act to amend the criminal procedure law, in relation to protective
orders for juries
PURPOSE GENERAL IDEA OF BILL:
To ensure the welfare of prospective jurors by allowing their names and
addresses to remain anonymous when there-is reason to believe that a
trial will pose a threat to their safety and wellbeing.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph (a) of subdivision 1 of section 270.15 of the
criminal procedure law to allow for the juror anonymity if certain
conditions listed in section two of the bill are met.
Section 2 amends subdivision 1-a of section 270.15 of the criminal
procedure law by allowing the court to issue a protective order and
regulate the disclosure of juror names when there is good cause. The
subdivision also denotes the factors a court may consider when determin-
ing whether good cause exists. Those factors include whether the defend-
ant or someone acting on their behalf previously bribed, tampered with,
caused, or attempted to cause injury to or harassed a juror or prospec-
tive juror; the seriousness of the charges and whether the defendant.is
charged with participating in a large-scale criminal enterprise; and the
extent of the pretrial publicity concerning the criminal action or
proceeding.
Section 3 amends the criminal procedure law by adding a new subdivision
1-b, which requires the court to instruct a jury to make no inference
regarding the guilt or innocence of the defendant, based on the issuance
of a protective order; it is no indication of the defendant's credibili-
ty.
Section 4 states the effective date.
JUSTIFICATION:
This bill provides essential protection to jurors whose welfare may be
at risk when serving the courts of New York. In this age of technology,
it is effortless to find a person's personal information from their name
alone. This information can be inherently dangerous if it reaches the
hands of a defendant who holds hostility towards jurors. It is essential
that the law take precautionary measures if the court finds that jurors
may be at risk, and withhold the names of jurors in court proceedings.
Federal law already allows courts to select anonymous juries. There are
numerous cases where the 2nd circuit allowed for the names and addresses
of jurors to be withheld, such as U.S v. Luna, 19-cr-576 (BMC) (E.D.N.Y.
Jul. 2, 2022), U.S. v. Pica, 692 F: 3d 79,98 (2d Cir 2012), U.S. v.
Stewart, 590 F .3d 93,124 (2d Cir. 2009, U.S. v. Paccione, 949 F.2d
1183. (2d Cir. 1991), U.S. v. Thomas, 757 F.2d 1359, 1365 (2d Cir.
1985), and U.S. v. Barnes, 604 F.2d 121 (2d Cir. 1979). In fact, New
York-statute already acknowledges the dangers a defendant may pose, and
allows judges to withhold juror addresses from public record. However,
the law must expand and address jurors by number and not name, to fully
safeguard their identities.
This legislation obstructs a defendant from receiving the names, and
consequentially, the personal information of jurors serving the
fears of retaliation, but remain fair and objective. It prevents any
harm from occurring to our jurors and strengthens the integrity of the
New York State Court System.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
Effective immediately.
STATE OF NEW YORK
________________________________________________________________________
7495
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to protective
orders for juries
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 270.15 of the
2 criminal procedure law, as amended by chapter 467 of the laws of 1985,
3 is amended to read as follows:
4 (a) If no challenge to the panel is made as prescribed by section
5 270.10 of this article, or if such challenge is made and disallowed, the
6 court shall direct that the names of not less than twelve members of the
7 panel be drawn and called as prescribed by the judiciary law, except as
8 otherwise required by this section. Such persons shall take their plac-
9 es in the jury box and shall be immediately sworn to answer truthfully
10 questions asked them relative to their qualifications to serve as jurors
11 in the action. In its discretion, the court may require prospective
12 jurors to complete a questionnaire concerning their ability to serve as
13 fair and impartial jurors, including but not limited to place of birth,
14 current address, education, occupation, prior jury service, knowledge
15 of, relationship to, or contact with the court, any party, witness or
16 attorney in the action and any other fact relevant to his or her service
17 on the jury. An official form for such questionnaire shall be developed
18 by the chief administrator of the courts in consultation with the admin-
19 istrative board of the courts. A copy of questionnaires completed by the
20 members of the panel shall be given to the court and each attorney prior
21 to examination of prospective jurors.
22 § 2. Subdivision 1-a of section 270.15 of the criminal procedure law,
23 as added by chapter 684 of the laws of 1983, is amended to read as
24 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10715-01-3
A. 7495 2
1 1-a. The court may for good cause shown, upon motion of either party
2 or any affected person or upon its own initiative, issue a protective
3 order for a stated period regulating disclosure of the names and the
4 business or residential address of any prospective or sworn juror to any
5 person or persons, other than to counsel for either party. [Such good
6 cause shall exist where the court determines that there is a likelihood
7 of bribery, jury tampering or of physical injury or harassment of the
8 juror.] In determining whether good cause exists, the court may consid-
9 er:
10 (a) whether the defendant or persons acting on behalf of the defendant
11 have bribed, tampered with, or caused or attempted to cause physical
12 injury to or harassed a juror or prospective juror in another criminal
13 action or proceeding or in the instant criminal action or proceeding;
14 (b) the seriousness of the charges against the defendant, including
15 whether the defendant is charged with participating in a large-scale
16 criminal enterprise; and
17 (c) the extent of pretrial publicity concerning the criminal action or
18 proceeding.
19 § 3. Section 270.15 of the criminal procedure law is amended by adding
20 a new subdivision 1-b to read as follows:
21 1-b. If the court determines that a protective order should be issued
22 and that all jurors or prospective jurors shall be identified by some
23 means other than their names and business or residential addresses, the
24 court shall instruct the jury that the fact that the jury was selected
25 on an anonymous basis is not a factor from which any inference unfavora-
26 ble to the defendant may be drawn.
27 § 4. This act shall take effect immediately.
