Bill Text: NY S01911 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that where the court determines that a party has engaged in purposeful discrimination against prospective jurors in the exercise of peremptory challenges, it shall seat the juror, discharge the jury panel or fashion any other appropriate remedy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-14 - REFERRED TO CODES [S01911 Detail]

Download: New_York-2011-S01911-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1911
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the criminal procedure law, in relation to the  exercise
         of peremptory challenges
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 270.25 of the  criminal  procedure
    2  law is amended to read as follows:
    3    1.  A  peremptory challenge is an objection to a prospective juror for
    4  which no reason need be assigned,  EXCEPT  AS  PROVIDED  IN  SUBDIVISION
    5  ONE-A  OF THIS SECTION.  Upon any LAWFUL peremptory challenge, the court
    6  must exclude the person challenged from service.
    7    S 2. Section 270.25 of the criminal procedure law is amended by adding
    8  a new subdivision 1-a to read as follows:
    9    1-A. (A) AT ANY TIME AFTER JURY SELECTION HAS  BEGUN  AND  BEFORE  THE
   10  OPENING  STATEMENT  IS MADE BY THE PROSECUTOR, EITHER PARTY MAY, OUTSIDE
   11  OF THE HEARING OF BOTH PROSPECTIVE AND SWORN JURORS, MAKE  A  MOTION  IN
   12  WRITING  OR  ORALLY  UPON  THE  RECORD FOR AN ORDER DISCHARGING THE JURY
   13  PANEL OR FOR OTHER APPROPRIATE RELIEF UPON THE GROUNDS  THAT  THE  OTHER
   14  PARTY  HAS  PURPOSEFULLY  DISCRIMINATED ON THE BASIS OF RACE, SEX, RELI-
   15  GION, OR NATIONAL ORIGIN IN THE EXERCISE OF PEREMPTORY CHALLENGES.
   16    (B) WHERE, AFTER ACCORDING EACH PARTY AN OPPORTUNITY TO BE HEARD,  THE
   17  COURT  FINDS  THAT  A PRIMA FACIE CASE HAS BEEN ESTABLISHED THAT A PARTY
   18  HAS PURPOSEFULLY DISCRIMINATED IN THE EXERCISE OF PEREMPTORY  CHALLENGES
   19  TO  STRIKE  PROSPECTIVE  JURORS ON ACCOUNT OF THE RACE, RELIGION, SEX OR
   20  NATIONAL ORIGIN OF SUCH PROSPECTIVE JURORS, THE COURT SHALL MAKE INQUIRY
   21  OF THE PARTY EXERCISING THE PEREMPTORY CHALLENGES.
   22    (C) AFTER THE PARTY OF WHOM INQUIRY WAS MADE HAS RESPONDED, THE  COURT
   23  SHALL  EVALUATE,  IN LIGHT OF THE CLAIMS MADE, THE REASONS GIVEN FOR THE
   24  EXERCISE OF PEREMPTORY CHALLENGES AND DETERMINE WHETHER THE MOVING PARTY
   25  HAS ESTABLISHED SUCH PURPOSEFUL DISCRIMINATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07161-01-1
       S. 1911                             2
    1    (D) WHERE THE COURT DETERMINES THAT A PARTY HAS ENGAGED IN  PURPOSEFUL
    2  DISCRIMINATION  AGAINST PROSPECTIVE JURORS IN THE EXERCISE OF PEREMPTORY
    3  CHALLENGES, IT SHALL SEAT THE JUROR, DISCHARGE THE JURY PANEL OR FASHION
    4  ANY OTHER APPROPRIATE REMEDY.
    5    S 3. This act shall take effect on the first of November next succeed-
    6  ing  the date on which it shall have become a law and shall apply to all
    7  jury selections commenced on or after such date.