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A02346 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 25, 2023
        Introduced  by  M.  of  A. DINOWITZ, EPSTEIN, MITAYNES, KELLES, BURDICK,
          MAN, WEPRIN -- read once and referred to the Committee on Judiciary --
          reported  and referred to the Committee on Ways and Means -- recommit-
          ted to the Committee on Ways and Means  in  accordance  with  Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the judiciary law, in relation to increasing the  amount
          of allowance that trial and grand jurors are entitled to in each court
          of the unified court system
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision (a) of section 521 of  the  judiciary  law,  as
     2  amended  by  chapter  302  of  the  laws  of 2002, is amended to read as
     3  follows:
     4    (a) Except as provided in subdivision (b) of this section,  trial  and
     5  grand jurors in each court of the unified court system shall be entitled
     6  to  an allowance equal to the sum of [forty] seventy-two dollars per day
     7  for each  and  every  day  of  physical  attendance  wherein  the  court
     8  convenes,  except  that  no  person who is employed shall be entitled to
     9  receive such allowance if, pursuant to section five hundred nineteen  of
    10  this  article,  his  or  her employer is prohibited from withholding the
    11  first [forty] seventy-two dollars of wages of such  person  during  such
    12  period and such person's daily wages equal or exceed [forty] seventy-two
    13  dollars.  If such person's daily wages are less than [forty] seventy-two
    14  dollars, he or she shall be entitled to receive an  allowance  hereunder
    15  equal  to  the  difference  between  [forty] seventy-two dollars and the
    16  amount of his or her daily wages. Such fees and those expenses  actually
    17  and  necessarily incurred in providing food and lodging for jurors shall
    18  be a state charge payable out of funds appropriated  to  the  office  of
    19  court administration for that purpose.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2346--A                          2
     1    §  2.  Section 519 of the judiciary law, as added by chapter 85 of the
     2  laws of 1995, is amended to read as follows:
     3    §  519. Right of juror to be absent from employment. Any person who is
     4  summoned to serve as a juror under the provisions of  this  article  and
     5  who  notifies  his or her employer to that effect prior to the commence-
     6  ment of a term of service shall not, on account of absence from  employ-
     7  ment by reason of such jury service, be subject to discharge or penalty.
     8  An employer may, however, withhold wages of any such employee serving as
     9  a juror during the period of such service; provided that an employer who
    10  employs  more  than  ten  employees shall not withhold the first [forty]
    11  seventy-two dollars of such juror's daily wages during the  first  three
    12  days  of  jury  service.  Withholding  of  wages in accordance with this
    13  section shall not be deemed a penalty. Violation of this  section  shall
    14  constitute  a  criminal contempt of court punishable pursuant to section
    15  seven hundred fifty of this chapter.
    16    § 3. This act shall take effect on the first of April next  succeeding
    17  the date on which it shall have become a law.
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