Bill Text: NY A02789 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 2789 (Prior Session Legislation)

Introduced

Bill Title: Provides that an individual may be excused from jury duty if such service would cause a financial hardship to a self-employed individual.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-05-22 - held for consideration in judiciary [A02789 Detail]

Download: New_York-2011-A02789-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2789
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2011
                                      ___________
       Introduced  by M. of A. CROUCH, OAKS, FINCH -- 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    S 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.
                                                                  LBD04743-01-1
       A. 2789                             2
    1  FINANCIAL HARDSHIP DIRECTLY IMPAIRS THE APPLICANTS  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    S 2. This act shall take effect immediately.