Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 14, 2011 |
referred to codes |
Senate Bill S1911
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S1911 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §270.25, CP L
- Versions Introduced in 2009-2010 Legislative Session:
-
S893
2011-S1911 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1911 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the exercise of peremptory challenges SUMMARY: This bill would add a new subdivision one-a to Criminal Procedure Law §270.25 to prescribe a specific procedure by which a criminal trial judge may determine whether a party has engaged in purposeful discrimination against prospective jurors in the exercise of peremptory challenges. This bill would provide that at any time after jury selection has begun and before the opening statement has been made to the prosecutor, either party may make a motion in writing or orally for an order discharging the jury panel or for other appropriate relief upon the grounds that the other party has purposefully discriminated on the basis of race, sex, religion or national origin in the exercise of peremptory challenges. Such motion would be made outside of the hearing of both prospective and sworn jurors. Each party would be afforded an opportunity to be heard and the court would be required to determine whether the moving party had established purposeful discrimination on the part of the other party. In those instances where the court determines that a party has engaged in purposeful discrimination against prospective jurors in the exercise of peremptory challenges, this bill would permit the
2011-S1911 (ACTIVE) - Bill Text download pdf
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: Section 1. Subdivision 1 of section 270.25 of the criminal procedure law is amended to read as follows: 1. A peremptory challenge is an objection to a prospective juror for which no reason need be assigned, EXCEPT AS PROVIDED IN SUBDIVISION ONE-A OF THIS SECTION. Upon any LAWFUL peremptory challenge, the court must exclude the person challenged from service. S 2. Section 270.25 of the criminal procedure law is amended by adding a new subdivision 1-a to read as follows: 1-A. (A) AT ANY TIME AFTER JURY SELECTION HAS BEGUN AND BEFORE THE OPENING STATEMENT IS MADE BY THE PROSECUTOR, EITHER PARTY MAY, OUTSIDE OF THE HEARING OF BOTH PROSPECTIVE AND SWORN JURORS, MAKE A MOTION IN WRITING OR ORALLY UPON THE RECORD FOR AN ORDER DISCHARGING THE JURY PANEL OR FOR OTHER APPROPRIATE RELIEF UPON THE GROUNDS THAT THE OTHER PARTY HAS PURPOSEFULLY DISCRIMINATED ON THE BASIS OF RACE, SEX, RELI- GION, OR NATIONAL ORIGIN IN THE EXERCISE OF PEREMPTORY CHALLENGES. (B) WHERE, AFTER ACCORDING EACH PARTY AN OPPORTUNITY TO BE HEARD, THE COURT FINDS THAT A PRIMA FACIE CASE HAS BEEN ESTABLISHED THAT A PARTY HAS PURPOSEFULLY DISCRIMINATED IN THE EXERCISE OF PEREMPTORY CHALLENGES TO STRIKE PROSPECTIVE JURORS ON ACCOUNT OF THE RACE, RELIGION, SEX OR NATIONAL ORIGIN OF SUCH PROSPECTIVE JURORS, THE COURT SHALL MAKE INQUIRY OF THE PARTY EXERCISING THE PEREMPTORY CHALLENGES. (C) AFTER THE PARTY OF WHOM INQUIRY WAS MADE HAS RESPONDED, THE COURT SHALL EVALUATE, IN LIGHT OF THE CLAIMS MADE, THE REASONS GIVEN FOR THE EXERCISE OF PEREMPTORY CHALLENGES AND DETERMINE WHETHER THE MOVING PARTY HAS ESTABLISHED SUCH PURPOSEFUL DISCRIMINATION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07161-01-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.