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A06553 Summary:

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A06553 Floor Votes:

A06553 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6553
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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    § 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    §  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.