|SAME AS||No Same As|
|COSPNSR||Finch, Oaks, Montesano, Raia, Miller B, Morinello, Blankenbush|
|MLTSPNSR||Errigo, Miller ML|
|Amd §517, Judy L|
|Provides that an individual may be excused from jury duty if such service would cause a financial hardship to a self-employed individual.|
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STATE OF NEW YORK ________________________________________________________________________ 739 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. CROUCH, FINCH, OAKS -- read once and referred to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to providing an excuse from jury duty for financial hardship related to self-employment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 517 of the judiciary law, as amended by chapter 86 2 of the laws of 1995, is amended to read as follows: 3 § 517. Excuses and postponements. (a) (1) Except as otherwise provided 4 in paragraph two of this subdivision, the commissioner of jurors may, in 5 his or her discretion, on the application of a prospective juror who has 6 been summoned to attend, excuse such prospective juror from a part or 7 the whole of the time of jury service or may postpone the time of jury 8 service to a later day during the same or any subsequent term of the 9 court. The application shall be presented to the commissioner at such 10 time and in such manner as he or she shall require, except that an 11 application for postponement of the initial date for jury service may be 12 made by telephone. 13 (2) An application for postponement of jury service shall be granted 14 hereunder provided: (i) such service has not already been postponed or 15 excused, (ii) the application is made at such time and in such manner as 16 the commissioner of jurors requires, and (iii) the postponement is to a 17 date certain when the court is in session not more than six months after 18 the date on which such service otherwise is to commence and such date is 19 selected by the prospective juror. 20 (3) An application to be excused for financial hardship shall be 21 granted hereunder provided: (i) such individual produces a sworn state- 22 ment that such individual is self-employed and that service would cause 23 a financial hardship, (ii) the application is made at such time and in 24 such manner as the commissioner of jurors requires, and (iii) such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04361-01-7A. 739 2 1 financial hardship directly impairs the applicant's ability to provide 2 support for the individual or family as a result of such service. 3 (b) A person whose application has been denied by the commissioner, or 4 who has not applied to the commissioner for an excuse or postponement, 5 may apply to the trial court, or to the court having supervision of the 6 grand jury, as the case may be, which may, in its discretion, excuse 7 such person from a part or the whole of the time of jury service, or may 8 postpone the time of jury service to a later day during the same or any 9 subsequent term of the court. If the applicant cannot personally 10 attend, he or she shall send the summons and application by a person 11 capable of making the necessary proof in relation to the application. 12 (c) In determining whether an application for excusal should be grant- 13 ed, the commissioner or the court shall consider whether the applicant 14 has a mental or physical condition that causes him or her to be incapa- 15 ble of performing jury service or there is any other fact which indi- 16 cates that attendance for jury service in accordance with the summons 17 would cause undue hardship or extreme inconvenience to the applicant, a 18 person under his or her care or supervision, or the public. Except as 19 provided in [ paragraph] paragraphs two and three of subdivision (a) of 20 this section, in determining whether an application for postponement 21 should be granted, the commissioner or the court shall be guided by 22 standards promulgated by the chief administrator of the courts. 23 § 2. This act shall take effect immediately.