Assembly Bill A7799

2021-2022 Legislative Session

Specifies which issues juries containing alternate jurors may deliberate on

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2021-A7799 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4106, CPLR
Versions Introduced in 2023-2024 Legislative Session:
A8323

2021-A7799 (ACTIVE) - Summary

Specifies that juries containing alternate jurors shall deliberate on all issues submitted to the jury at the outset of deliberations or in the case of bifurcated trials, such juries shall deliberate on all issues submitted to the jury from the outset of the second trial.

2021-A7799 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7799
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M.  of A. RAJKUMAR -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT to amend the civil practice law and rules, in relation to speci-
   fying which issues juries containing alternate jurors  may  deliberate
   on

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4106 of  the  civil  practice  law  and  rules,  as
 amended  by  chapter  204  of  the  laws  of 2013, is amended to read as
 follows:
   § 4106. Alternate jurors. One or more additional jurors, to  be  known
 as  "alternate  jurors",  may  be  drawn upon the request of a party and
 consent of the court. Such alternate juror or jurors shall be  drawn  at
 the  same  time,  from the same source, in the same manner, and have the
 same qualifications as regular jurors, and be subject to the same  exam-
 inations  and challenges. They shall be seated with, take the oath with,
 and be treated in the same manner as the  regular  jurors.  After  final
 submission  of  the  case, the court may, in its discretion, retain such
 alternate juror or jurors to ensure availability if needed. At any time,
 before or after the final submission of the case,  if  a  regular  juror
 dies, or becomes ill, or is unable to perform the duties of a juror, the
 court may order that juror discharged and draw the name of an alternate,
 or  retained  alternate, if any, who shall replace the discharged juror,
 and be treated as if that juror had been selected as one of the  regular
 jurors.  Once deliberations have begun, the court may allow an alternate
 juror to participate in such  deliberations  only  if  a  regular  juror
 becomes  unable  to  perform  the duties of a juror.  AFTER AN ALTERNATE
 JUROR HAS BEEN SUBSTITUTED, THE JURY SHALL  DELIBERATE  ON  ALL  OF  THE
 ISSUES  THAT  WERE SUBMITTED TO THE JURY AT THE OUTSET OF DELIBERATIONS.
 WHERE THE TRIAL HAS BEEN BIFURCATED, AN ALTERNATE JUROR SHALL DELIBERATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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