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A06553 Summary:

BILL NO    A06553 

SAME AS    SAME AS S05004

SPONSOR    Skartados (MS)

COSPNSR    Weinstein, Buchwald, Titone, Hennessey, Weprin

MLTSPNSR   Dinowitz, Titus, Zebrowski

Amd S4106, CPLR

Grants the court discretionary authority to retain alternate jurors after final
submission of the case.
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A06553 Actions:

BILL NO    A06553 

04/09/2013 referred to judiciary
04/16/2013 reported 
04/18/2013 advanced to third reading cal.170
04/24/2013 passed assembly
04/24/2013 delivered to senate
04/24/2013 REFERRED TO JUDICIARY
06/04/2013 SUBSTITUTED FOR S5004
06/04/2013 3RD READING CAL.765
06/04/2013 PASSED SENATE
06/04/2013 RETURNED TO ASSEMBLY
07/19/2013 delivered to governor
07/31/2013 signed chap.204
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A06553 Votes:

A06553 04/24/2013 138/0
AbbateYColtonYGarbariYKearnsYMillerYReilichERSteckY
AbinantYCookYGibsonYKellnerYMillmanYRiveraYStevensER
ArroyoYCorwinYGiglioYKimYMontesaYRobertsYStirpeY
AubryYCrespoYGjonajYKolbYMorelleYRobinsoYSweeneyY
BarclayYCrouchYGlickYLalorYMosleyYRodriguYTediscoY
BarrettYCurranYGoldfedYLavineYMoyaYRosaYTenneyY
BarronYCusickYGoodellYLentolYNojayYRosenthYThieleY
BenedetYCymbrowYGottfriYLiftonYNolanYRozicYTitoneER
BlankenERDenDekkYGrafYLope PDYOaksERRussellYTitusY
BorelliYDinowitYGuntherYLope VJERO'DonneYRyanYWalterY
BoylandYDiPietrYHawleyYLupardoYOrtizYSaladinYWeinsteY
BraunstYDupreyYHeastieYLupinacYOtisYSantabaYWeisenbY
BrennanYEnglebrYHennessYMageeYPalmesaYScarborYWeprinY
BrindisYEspinalYHevesiYMagnareYPaulinYSchimelYWrightY
BronsonYFahyYHikindERMaiselYPeoplesYSchimmiYZebrowsY
Brook-KYFarrellYHooperERMalliotERPerryYSepulveYMr SpkrY
BuchwalYFinchYJacobsYMarkeyYPretlowYSimanowY
ButlerYFitzpatYJaffeeYMayerYQuartYSimotasY
CahillYFriendYJohnsYMcDonalYRaYSkartadY
CamaraYGabryszYJordanYMcDonouYRabbittYSkoufisY
CerettoYGalefYKatzYMcKevitYRaiaYSolagesY
ClarkERGanttYKavanagYMcLaughYRamosYStecY

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A06553 Memo:

BILL NUMBER:A6553

TITLE OF BILL:  An act to amend the civil practice law and rules in
relation to the discretionary retention of alternate jurors after
final submission of the case

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Advisory
Committee on Civil Practice.

This measure would amend CPLR 4106 to permit the court, in its
discretion, to retain one or more alternate jurors after final
submission of a case to ensure availability if needed during jury
deliberations. The proposed amendment of section 4106 also addresses
the manner in which the retained alternate jurors may be utilized.

Current CPLR 4106 provides that after final submission of the case,
"the court shall discharge the alternate jurors". As a consequence, in
the event that a juror becomes disabled during deliberations, the
court must declare a mistrial unless all parties consent to proceed
with a five person jury, which consent is rarely obtained. In cases of
several weeks' duration, classically commercial, medical malpractice
or products liability cases, a mistrial results in a tremendous waste
of time and money for the litigants, the attorneys, and the court, and
frustration for the remaining jurors who have served throughout a
prolonged trial in an effort to render a verdict.  There is a
continuing disparity among many courts statewide as to the practice
regarding alternate jurors.

This measure also would amend CPLR 4106 to address the manner in which
the retained alternate jurors may be utilized by providing that once
deliberations have begun, the court may allow an alternate juror to
participate in such deliberations only if a regular juror becomes
unable to perform the duties of a juror.

This measure also makes gender-neutral changes.

In proposing this measure, our Advisory Committee expresses its
appreciation for the recommendations of Honorable Philip G. Minardo,
former Administrative Judge, Richmond County. Judge Minardo made his
recommendations on behalf of and with the support of the New York
State Association of Supreme Court Justices and the New York City
Association of Supreme Court Justices.

This measure would have no fiscal impact on the State. It would take
effect on the first day of January next succeeding the date on which
it shall become law and shall apply to all actions commenced on or
after that effective date and to all pending actions in which a jury
has not yet been selected.

2012 Legislative History:  Senate 6658-A (Bonacic) [Rules] Assembly
10376 (NI. of A. Skartados) [Passed]
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A06553 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6553

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     April 9, 2013
                                      ___________

       Introduced by M. of A. SKARTADOS, WEINSTEIN, BUCHWALD, TITONE, HENNESSEY
         --  Multi-Sponsored  by -- M. of A. DINOWITZ, ZEBROWSKI -- (at request
         of the Office of Court Administration) -- read once  and  referred  to
         the Committee on Judiciary

       AN  ACT  to  amend  the  civil practice law and rules in relation to the
         discretionary retention of alternate jurors after final submission  of
         the case

         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] ONE or [two] MORE additional  jurors,  to  be  known  as
    6  "alternate jurors", may be drawn upon the request of a party AND CONSENT
    7  OF THE COURT.  Such ALTERNATE JUROR OR jurors shall be drawn at the same
    8  time, from the same source, in the same manner, and have the same quali-
    9  fications  as  [the] regular jurors, and be subject to the same examina-
   10  tions and challenges. They shall be seated with, take the oath with, and
   11  be treated in the same  manner  as  the  regular  jurors[,  except  that
   12  after].  AFTER  final submission of the case, the court [shall discharge
   13  the] MAY, IN ITS DISCRETION, RETAIN SUCH alternate JUROR OR jurors[. If]
   14  TO ENSURE AVAILABILITY IF NEEDED. AT ANY TIME, before OR AFTER the final
   15  submission of the case, IF a regular juror dies, or becomes ill, or [for
   16  any other reason] is unable to perform [his duty] THE DUTIES OF A JUROR,
   17  the court may order [him to be] THAT JUROR discharged and draw the  name
   18  of  an  alternate,  OR RETAINED ALTERNATE, IF ANY, who shall replace the
   19  discharged juror [in the jury box], and be treated as if [he] THAT JUROR
   20  had been selected as one of the regular jurors.  ONCE DELIBERATIONS HAVE
   21  BEGUN, THE COURT MAY ALLOW AN ALTERNATE JUROR  TO  PARTICIPATE  IN  SUCH

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09911-01-3
       A. 6553                             2

    1  DELIBERATIONS  ONLY  IF  A  REGULAR  JUROR BECOMES UNABLE TO PERFORM THE
    2  DUTIES OF A JUROR.
    3    S  2. This act shall take effect on the first of January next succeed-
    4  ing the date on which it shall have become a law and shall apply to  all
    5  actions  commenced  on  or  after such effective date and to all pending
    6  actions on such effective  date  in  which  a  jury  has  not  yet  been
    7  selected.
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