S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7495
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to protective
   orders for juries
 
   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 OF THIS ARTICLE, 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 THIS SECTION.  Such persons shall take their plac-
 es  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 consultation with the admin-
 istrative board of the courts. A copy of questionnaires completed by the
 members of the panel shall be given to the court and each attorney prior
 to examination of prospective jurors.
   § 2. Subdivision 1-a of section 270.15 of the criminal procedure  law,
 as  added  by  chapter  684  of  the laws of 1983, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10715-01-3
 A. 7495                             2
              

 
   1-a. The court may for good cause shown, upon motion of  either  party
 or  any  affected  person or upon its own initiative, issue a protective
 order for a stated period regulating disclosure of  THE  NAMES  AND  the
 business or residential address of any prospective or sworn juror to any
 person  or  persons,  other than to counsel for either party. [Such good
 cause shall exist where the court determines that there is a  likelihood
 of  bribery,  jury  tampering or of physical injury or harassment of the
 juror.] IN DETERMINING WHETHER GOOD CAUSE EXISTS, THE COURT MAY  CONSID-
 ER:
   (A) WHETHER THE DEFENDANT OR PERSONS ACTING ON BEHALF OF THE DEFENDANT
 HAVE  BRIBED,  TAMPERED  WITH,  OR CAUSED OR ATTEMPTED TO CAUSE PHYSICAL
 INJURY TO OR HARASSED A JUROR OR PROSPECTIVE JUROR IN  ANOTHER  CRIMINAL
 ACTION OR PROCEEDING OR IN THE INSTANT CRIMINAL ACTION OR PROCEEDING;
   (B)  THE  SERIOUSNESS  OF THE CHARGES AGAINST THE DEFENDANT, INCLUDING
 WHETHER THE DEFENDANT IS CHARGED WITH  PARTICIPATING  IN  A  LARGE-SCALE
 CRIMINAL ENTERPRISE; AND
   (C) THE EXTENT OF PRETRIAL PUBLICITY CONCERNING THE CRIMINAL ACTION OR
 PROCEEDING.
   § 3. Section 270.15 of the criminal procedure law is amended by adding
 a new subdivision 1-b to read as follows:
   1-B.  IF THE COURT DETERMINES THAT A PROTECTIVE ORDER SHOULD BE ISSUED
 AND THAT ALL JURORS OR PROSPECTIVE JURORS SHALL BE  IDENTIFIED  BY  SOME
 MEANS  OTHER THAN THEIR NAMES AND BUSINESS OR RESIDENTIAL ADDRESSES, THE
 COURT SHALL INSTRUCT THE JURY THAT THE FACT THAT THE JURY  WAS  SELECTED
 ON AN ANONYMOUS BASIS IS NOT A FACTOR FROM WHICH ANY INFERENCE UNFAVORA-
 BLE TO THE DEFENDANT MAY BE DRAWN.
   § 4. This act shall take effect immediately.