BILL NUMBER:S4971

TITLE OF BILL:

An act to amend the judiciary law, in relation to providing an
exemption from jury duty for pregnant and breastfeeding women

PURPOSE OR GENERAL IDEA OF BILL:

Provides exemption from jury duty for women six months pregnant,
facing, complications with their pregnancy and women nursing a child.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Paragraph 2 of subdivision a of section 517 of the
judiciary law, as added by chapter 86 of the laws of 1995, is amended
to read as follows:

(2) An application for postponement of jury service shall be granted
hereunder provided: (i) such service has not already been postponed or
excused, (ii) the application is made at such time and in such manor
as the commissioner of jurors requires, {and} (iii) the postponement
is to a date certain when the court is in session not more than six
months after the date on which such service otherwise is to commence
and such date is selected by the prospective juror, AND (IV) THE
PROSPECTIVE JUROR IS AN EXPECTING MOTHER AND SIX MONTHS OR MORE
              

PREGNANT, HAVING HEALTH COMPLICATIONS AS A RESULT OF HER PREGNANCY, OR
IS A BREASTFEEDING MOTHER. TO GRANT AN APPLICATION FOR POSTPONEMENT OF
JURY SERVICE FOR SUBPARAGRAPH (IV) OF THIS PARAGRAPH, THE PROSPECTIVE
JUROR MUST SUBMIT A NOTE FROM A PHYSICIAN.

JUSTIFICATION:

Jury duty exerts its demands on all who are called to serve and
perhaps even more on expecting mothers, women facing complications
with their pregnancy and women who are breast feeding their infants.
In an effort to protect the health of pregnant women and their unborn
child, it is imperative that a mechanism is created that allows a
physician to explain why an excuse from jury duty should be accepted
and facilitated.

Many women have decided to breast feed their infants as a matter of
promoting better health of their new-born based on the undeniable
evidence which shows breast feeding as superior nutrition for the
development of the infant's brain and immune system.

Jury duty interferes with these efforts at a critical time in the
development of a child's cognitive and cerebral formation. No form of
public service should override a mother's primary responsibility and
care of their infant child.

This legislation provides expecting mothers and new mothers with the
ability to be excused from jury duty per the written notice by a
physician supporting the reason for excuse. This legislation is a
common sense approach to helping mother and child at a critical time
during pregnancy and infancy.


LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.