Enacts the "jury pool fair representation act"; provides for the collection of demographic data for jurors who present for service and for the submission of such data in an annual report to the governor, speaker of the assembly, temporary president of the senate and the chief judge of the court of appeals.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2374A
SPONSOR: Lancman (MS) TITLE OF BILL: An act to amend the judiciary law, in relation to
enacting the "jury pool fair representation act"
PURPOSE OR GENERAL IDEA OF THE BILL: This bill would require the
recording of demographic data on jury pools to determine whether jury
pools in this state represent a fair cross-section of the community.
SUMMARY OF SPECIFIC PROVISIONS: The bill adds section 508 to the Judi-
ciary Law, requiring the commissioner of jurors to collect and report
demographic data on jury pool participation based on race and/or ethnic-
ity, age and sex, and to annually report such data to the governor,
legislative leaders and the chief judge of New York, in order to provide
the courts and policymakers with a more accurate picture of jury pools
and whether such jury pools are representative of the communities resid-
ing in the particular jurisdiction.
JUSTIFICATION: In 2006 Citizen Action-New York released a study
suggesting that minorities are severely under-represented in civil jury
pools in New York County, confirming what practitioners in that juris-
diction have observed for years. Numerous witnesses at an Assembly hear-
ing on this legislation in the Spring of 2009 testified to a similar
conclusion. In order to determine the real nature and scope of the prob-
lem, and in order to adopt appropriate corrective policies, it is neces-
sary to formally collect demographic data on jury pools. Only then can
we begin to act to ensure that our juries truly represent a fair cross-
section of the community.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: Minimal. The data can be easily collected by
adding appropriate questions to existing juror questionnaires and forms.
EFFECTIVE DATE: Ninety days after enactment.
STATE OF NEW YORK
________________________________________________________________________
2374--A
2009-2010 Regular Sessions
IN ASSEMBLY
January 15, 2009
___________
Introduced by M. of A. LANCMAN, JEFFRIES, LENTOL, ARROYO, ESPAILLAT,
WRIGHT, HIKIND, PEOPLES, CAMARA, ZEBROWSKI, KELLNER, FARRELL, COOK,
GLICK, McENENY, GOTTFRIED, DelMONTE, JAFFEE, SCHROEDER, PERALTA,
COLTON -- Multi-Sponsored by -- M. of A. LATIMER -- read once and
referred to the Committee on Judiciary -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the judiciary law, in relation to enacting the "jury
pool fair representation act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "jury pool
2 fair representation act".
3 § 2. The judiciary law is amended by adding a new section 528 to read
4 as follows:
5 § 528. Collection of demographic data. The commissioner of jurors
6 shall collect demographic data for jurors who present for jury service,
7 including each juror's race and/or ethnicity, age and sex, and the chief
8 administrator of the courts shall submit the data in an annual report to
9 the governor, the speaker of the assembly, the temporary president of
10 the senate and the chief judge of the court of appeals.
11 § 3. This act shall take effect on the ninetieth day after it shall
12 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01061-02-9
