NY State Senate Bill 2021-S3960

Senate Bill S3960

2021-2022 Legislative Session

Requires the office of court administration to study racial disparities in jury selection pools and juror selection

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2022	referred to judiciary delivered to assembly passed senate
Mar 03, 2022	advanced to third reading
Mar 02, 2022	2nd report cal.
Mar 01, 2022	1st report cal.574
Jan 05, 2022	referred to judiciary
Feb 01, 2021	referred to judiciary

Votes

- May 11, 2022 - Floor Vote
  S3960
  
  59
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 11, 2022
      
      aye (59)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (3)
      
      Akshar
      
      Borrello
      
      Lanza
      
      excused (1)
      
      Brouk
  Mar 1, 2022 - Judiciary Committee Vote
  S3960
  
  10
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Mar 1, 2022
      
      aye (10)
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Myrie
      
      Sepúlveda
      
      Skoufis
      
      Thomas
      
      nay (1)
      
      Lanza
      
      aye wr (4)
      
      Boyle
      
      O'Mara
      
      Oberacker
      
      Palumbo

2021-S3960 (ACTIVE) - Details

See Assembly Version of this Bill:: A9707
Current Committee:: Assembly Judiciary
Law Section:: Judiciary Law
Laws Affected:: Add §529, Judy L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6095
2023-2024: A9373

2021-S3960 (ACTIVE) - Summary

Requires the office of court administration to study racial disparities in jury selection pools and juror selection and make recommendations that can be undertaken to reduce or eliminate racial and ethnic disparities in jury selection pools and juror selection.

2021-S3960 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3960

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to requiring the office
of court administration to study racial disparities in jury selection
pools and juror selection

 
PURPOSE OR GENERAL IDEA OF BILL:

To study the causes and effects of racial and ethnic disparities in jury
selection pools and juror selection

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one establishes the scope of the study. This section states the
purpose of the study and allows the office of Court Administration to
seek the advice of experts in fields related to mitigating and eliminat-
ing racial and ethnic disparities. This section also sets the reporting
requirements for the study.

Section two sets the effective date.

 
JUSTIFICATION:

The purpose of this legislation is to study the prevalence, cause and
effects of racial and ethnic disparities in juries throughout New York
State. State figures have shown that in all but two counties in the
state, the Bronx to the most rural upstate counties, the percentage of
black prospective jurors is less than the percentage of the local black
population.

Irrespective of the alleged crime, all defendants are entitled to be
judged by a jury of their peers. This has been widely interpreted to
mean a broad spectrum of the population, varying in race, age, gender,
and national ethnicity, and State law requires the jury panel to reflect
"a fair cross section of the community," unfortunately, this has not
been the case.

This legislation will allow the Office of Court Administration to study
methods of mitigating and eliminating racial and ethnic disparities in
jury selection pools and juror selection.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: Referred to Judiciary

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law. Effective immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the implementation of this act
on its effective date is authorized and directed to be made on or before
such effective date.

2021-S3960 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3960
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to requiring  the  office
   of  court administration to study racial disparities in jury selection
   pools and juror selection

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The judiciary law is amended by adding a new section 529 to
 read as follows:
   §  529. JURY POOL AND JURY SELECTION DEMOGRAPHICS STUDY. 1. THE OFFICE
 OF COURT ADMINISTRATION SHALL CONDUCT A STUDY ON THE CAUSES AND  EFFECTS
 OF  RACIAL  AND  ETHNIC  DISPARITIES  IN  JURY SELECTION POOLS AND JUROR
 SELECTION. THE PURPOSE OF THE STUDY SHALL BE TO:
   (A) IDENTIFY STATEWIDE AND REGIONAL RATIOS OF THE  RACIAL  AND  ETHNIC
 MAKEUP  OF  JURY  SELECTION  POOLS, AND RACIAL AND ETHNIC DISPARITIES IN
 JUROR SELECTION;
   (B) REVIEW THE EXTENT TO WHICH RACIAL AND ETHNIC DISPARITIES  IN  JURY
 SELECTION POOLS AND JUROR SELECTION AFFECT THE OUTCOME OF CASES; AND
   (C) IDENTIFY WAYS TO REDUCE OR ELIMINATE RACIAL AND ETHNIC DISPARITIES
 IN JURY SELECTION POOLS AND JUROR SELECTION.
   2.  IN  CONDUCTING  THE  STUDY, THE OFFICE OF COURT ADMINISTRATION MAY
 SEEK THE ADVICE OF PERSONS SPECIALIZING IN FIELDS RELATED TO  MITIGATING
 AND ELIMINATING RACIAL AND ETHNIC DISPARITIES.
   3.  WITHIN  ONE  YEAR  AFTER  THE  EFFECTIVE DATE OF THIS SECTION, THE
 OFFICE OF COURT ADMINISTRATION SHALL PREPARE AND SUBMIT TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE
 MINORITY  LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY A
 REPORT CONTAINING THE STUDY'S FINDINGS CONCERNING THE CAUSES AND EFFECTS
 OF RACIAL AND ETHNIC DISPARITIES  IN  JURY  SELECTION  POOLS  AND  JUROR
 SELECTION  AND RECOMMENDATIONS FOR LEGISLATIVE OR OTHER ACTIONS THAT CAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07798-01-1

 S. 3960                             2
 
 BE UNDERTAKEN TO REDUCE OR ELIMINATE RACIAL AND  ETHNIC  DISPARITIES  IN
 JURY SELECTION POOLS AND JUROR SELECTION.
   4.  THE  OFFICE  OF  COURT ADMINISTRATION MAY PREPARE AND SUBMIT ADDI-
 TIONAL REPORTS WHEN THE OFFICE DEEMS IT APPROPRIATE,  AND  EACH  REPORT,
 WITH  THE  EXCEPTION  OF  THE  FIRST REPORT PREPARED UNDER THIS SECTION,
 SHALL ADDITIONALLY IDENTIFY THE  EXTENT  TO  WHICH  THE  OFFICE'S  PRIOR
 RECOMMENDATIONS  HAVE  BEEN SUCCESSFULLY IMPLEMENTED IN PRACTICE AND THE
 APPARENT IMPACT THAT THE IMPLEMENTATION OF SUCH RECOMMENDED CHANGES  HAS
 HAD  ON  RACIAL AND ETHNIC DISPARITIES IN JURY SELECTION POOLS AND JUROR
 SELECTION IN THE PRECEDING YEARS.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.  Effective immediately the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such date.

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