S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   569

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  anonymous
  juries  and  to  repeal  subdivision 1-a of section 270.15 of such law
  relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of subdivision 1 of section 270.15 of the
criminal procedure law, as amended by chapter 467 of the laws  of  1985,
is amended to read as follows:
  (a)  If  no  challenge  to  the panel is made as prescribed by section
270.10, or if such challenge is made and  disallowed,  the  court  shall
direct  that  the  names of not less than twelve members of the panel be
drawn and called as prescribed by the judiciary law, EXCEPT AS OTHERWISE
REQUIRED BY SECTION 270.17 OF THIS  ARTICLE.  Such  persons  shall  take
their  places  in  the jury box and shall be immediately sworn to answer
truthfully questions asked them  relative  to  their  qualifications  to
serve  as jurors in the action. In its discretion, the court may require
prospective jurors to complete a questionnaire concerning their  ability
to  serve  as  fair  and  impartial jurors, including but not limited to
place of birth,  current  address,  education,  occupation,  prior  jury
service,  knowledge  of, relationship to, or contact with the court, any
party, witness or attorney in the action and any other fact relevant  to
his  or her service on the jury. An official form for such questionnaire
shall be developed by the chief administrator of the courts in consulta-
tion with the administrative board of the courts. A  copy  of  question-
naires completed by the members of the panel shall be given to the court
and each attorney prior to examination of prospective jurors.
  S  2.  Subdivision 1-a of section 270.15 of the criminal procedure law
is REPEALED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00218-01-9

              

S. 569                              2

  S 3. The criminal procedure law is amended by  adding  a  new  section
270.17 to read as follows:
S 270.17 TRIAL JURY; ANONYMOUS PANEL.
  1.  THE PEOPLE MAY MAKE A MOTION FOR AN ORDER PROTECTING THE NAMES AND
RESIDENTIAL AND BUSINESS ADDRESSES OF JURORS AND PROSPECTIVE JURORS FROM
DISCLOSURE TO ANY PERSON. SUCH A MOTION SHALL  BE  MADE  NO  LATER  THAN
THREE  DAYS,  EXCLUDING  SATURDAYS,  SUNDAYS  AND HOLIDAYS, PRIOR TO THE
COMMENCEMENT OF JURY SELECTION, BUT FOR GOOD CAUSE  SHOWN  MAY  BE  MADE
THEREAFTER.  THE COURT SHALL CONDUCT A HEARING UPON SUCH MOTION AND MAKE
FINDINGS  OF  FACT  ESSENTIAL  TO THE DETERMINATION THEREOF. ALL PERSONS
GIVING FACTUAL INFORMATION AT SUCH  HEARING  MUST  TESTIFY  UNDER  OATH,
EXCEPT  THAT  UNSWORN  EVIDENCE  PURSUANT  TO SUBDIVISION TWO OF SECTION
60.20 OF THIS CHAPTER ALSO MAY BE RECEIVED. UPON SUCH  HEARING,  HEARSAY
EVIDENCE SHALL BE ADMISSIBLE TO ESTABLISH ANY MATERIAL FACT.
  2.  AT  THE  HEARING,  THE  PEOPLE SHALL BEAR THE BURDEN OF PROVING BY
CLEAR AND CONVINCING EVIDENCE THAT A PROTECTIVE ORDER  IS  NECESSARY  TO
PROTECT  AGAINST  THE  LIKELIHOOD OF BRIBERY, JURY TAMPERING OR PHYSICAL
INJURY  TO OR HARASSMENT OF THE JURORS OR PROSPECTIVE JURORS. IN  DETER-
MINING  WHETHER  THE  PEOPLE  HAVE  SUSTAINED THIS BURDEN, THE COURT MAY
CONSIDER ANY RELEVANT FACTORS, INCLUDING:
  (A) WHETHER DEFENDANT OR PERSONS ACTING  ON  DEFENDANT'S  BEHALF  HAVE
BRIBED,  TAMPERED  WITH, OR CAUSED OR ATTEMPTED TO CAUSE PHYSICAL INJURY
TO OR HARASSMENT OF A JUROR  OR  PROSPECTIVE  JUROR,  OR  A  WITNESS  OR
PROSPECTIVE  WITNESS, IN ANOTHER CRIMINAL ACTION OR PROCEEDING OR IN THE
INSTANT CRIMINAL ACTION OR PROCEEDING;
  (B) WHETHER DEFENDANT IS A MEMBER OF  AN  ENTERPRISE,  AS  DEFINED  IN
SUBDIVISION  TWO  OF  SECTION 460.10 OF THE PENAL LAW, THAT BY ITSELF OR
THROUGH ANY OF ITS MEMBERS HAS MANIFESTED AN INTENTION TO BRIBE,  TAMPER
WITH, OR CAUSE OR ATTEMPT TO CAUSE PHYSICAL INJURY TO OR HARASSMENT OF A
JUROR  OR PROSPECTIVE JUROR, OR A WITNESS OR PROSPECTIVE WITNESS, IN THE
INSTANT CRIMINAL ACTION OR PROCEEDING;
  (C) THE SERIOUSNESS OF THE CHARGES AGAINST DEFENDANT;
  (D) THE EXTENT OF PRETRIAL PUBLICITY CONCERNING THE CRIMINAL ACTION OR
PROCEEDING.
  3. IF THE COURT DETERMINES THAT A PROTECTIVE ORDER SHOULD BE ISSUED IT
SHALL DIRECT THAT ALL JURORS AND PROSPECTIVE JURORS THEREAFTER SHALL  BE
IDENTIFIED  BY  SOME  MEANS OTHER THAN THEIR NAMES AND THEIR RESIDENTIAL
AND BUSINESS ADDRESSES. THE COURT MAY ENLARGE THE SCOPE AND DURATION  OF
THE  PARTIES'  EXAMINATION  OF  PROSPECTIVE  JURORS  TO  ASSURE THAT THE
PARTIES HAVE SUFFICIENT INFORMATION UPON WHICH TO BASE THE  EXERCISE  OF
PEREMPTORY  CHALLENGES  AND  CHALLENGES  FOR  CAUSE PURSUANT TO SECTIONS
270.20 AND 270.25 OF THIS ARTICLE.
  4. UPON REQUEST BY A DEFENDANT, BUT NOT  OTHERWISE,  THE  COURT  SHALL
INSTRUCT  THE JURY THAT THE FACT THAT THE JURY WAS SELECTED ON AN ANONY-
MOUS BASIS IS NOT A FACTOR FROM WHICH ANY INFERENCE UNFAVORABLE  TO  THE
DEFENDANT MAY BE DRAWN.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.