Alfano, Bacalles, Conte, Miller J, Sayward, Thiele, Townsend
Amd SS500, 509 & 518, add S512, Judy L
Exempts police officers, members of a fire company, and volunteer firemen and volunteer ambulance workers from service as a grand or petit juror; provides a procedure for claiming such an exemption.
STATE OF NEW YORK
________________________________________________________________________
2042
2009-2010 Regular Sessions
IN ASSEMBLY
January 15, 2009
___________
Introduced by M. of A. CALHOUN, BUTLER -- Multi-Sponsored by -- M. of A.
ALFANO, BACALLES, CONTE, MILLER, SAYWARD, THIELE, TOWNSEND -- read
once and referred to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to exemption from service
as a juror
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 500 of the judiciary law, as amended by chapter 86
2 of the laws of 1995, is amended to read as follows:
3 § 500. Declaration of policy. It is the policy of this state that all
4 litigants in the courts of this state entitled to trial by jury shall
5 have the right to grand and petit juries selected at random from a fair
6 cross-section of the community in the county or other governmental
7 subdivision wherein the court convenes; and that all eligible citizens
8 shall have the opportunity to serve on grand and petit juries in the
9 courts of this state, and shall have an obligation to serve when
10 summoned for that purpose, unless exempted or excused.
11 § 2. Section 509 of the judiciary law, as amended by chapter 86 of the
12 laws of 1995, subdivision (a) as amended by chapter 520 of the laws of
13 1998, is amended to read as follows:
14 § 509. Qualification of jurors. (a) The commissioner of jurors shall
15 determine the qualifications of a prospective juror on the basis of
16 information provided on the juror's qualification questionnaire. The
17 commissioner of jurors may also consider other information including
18 information obtained from public agencies concerning previous criminal
19 convictions. The commissioner may require the fingerprinting of all
20 persons drawn for grand jury service. A record of the persons who are
21 found not qualified [or who are], exempted or excused, and the reasons
22 therefor, shall be maintained by the commissioner of jurors. The county
23 jury board shall have the power to review any determination of the
24 commissioner as to qualifications, exemptions and excuses. Such ques-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02380-01-9
A. 2042 2
1 tionnaires and records shall be considered confidential and shall not be
2 disclosed except to the county jury board or as permitted by the appel-
3 late division.
4 (b) The commissioner may mail to each prospective juror the juror
5 qualification questionnaire and a list of the exemptions from jury
6 service provided for in this article. The person to whom the question-
7 naire is mailed shall complete and sign it and return it to the commis-
8 sioner within ten days of mailing. If the questionnaire has not been
9 returned or properly completed, or if the commissioner otherwise deter-
10 mines that a personal interview is required, the commissioner may summon
11 the prospective juror to appear before him or her for the purpose of
12 filling out the questionnaire or being examined as to his or her compe-
13 tence, qualifications, eligibility and liability to serve as a juror and
14 to present claims for exemptions. Such person shall not be entitled to
15 any fee or mileage when responding for such purpose. The summons may be
16 served personally or by leaving it at the person's residence or place of
17 business with a person of suitable age and discretion, or by mail. If
18 served personally or by substitution the summons shall require the
19 person summoned to attend not less than five days after service. If
20 served by mail the summons shall require the person summoned to attend
21 not less than eight days after mailing.
22 § 3. The judiciary law is amended by adding a new section 512 to read
23 as follows:
24 § 512. Exemptions. (a) Upon claiming exemptions therefrom, a police
25 officer, as defined in section 1.20 of the criminal procedure law; a
26 member of a fire company or department duly organized according to the
27 laws of the state or any political subdivision thereof and performing
28 duties therein; an exempt volunteer fireman, as defined in section two
29 hundred of the general municipal law; or a volunteer ambulance worker,
30 as defined in subdivision nine-b of section two hundred nineteen-c of
31 the general municipal law, is exempt from service as a juror.
32 (b) A person claiming to be exempt from jury service pursuant to this
33 section shall file with the commissioner of jurors an affidavit, a
34 certificate or a questionnaire as required by such commissioner, stating
35 the facts entitling an exemption. If a person claims an exemption and it
36 is not granted, the claim may be presented to the court when drawn for
37 jury service or such person may seek to have such refusal reviewed in
38 the manner provided by article seventy-eight of the civil practice law
39 and rules.
40 § 4. Section 518 of the judiciary law, as amended by chapter 86 of the
41 laws of 1995, is amended to read as follows:
42 § 518. Discharge by the court. The court shall discharge a person from
43 serving as a trial or a grand juror whenever it satisfactorily appears
44 that he or she is not qualified or claims the benefit of the exemption.
45 § 5. This act shall take effect on the first of January next succeed-
46 ing the date on which it shall have become a law.
