Assembly Bill A8323

2023-2024 Legislative Session

Relates to alternate jurors

download bill text pdf

Sponsored By

Current 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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2023-A8323 (ACTIVE) - Details

See Senate Version of this Bill:
S9856
Current Committee:
Assembly Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4106, CPLR
Versions Introduced in 2021-2022 Legislative Session:
A7799

2023-A8323 (ACTIVE) - Summary

Provides that after an alternate juror has been substituted, the jury shall deliberate anew on all issues submitted to the jury at the outset of deliberations; exempts issues for which a verdict was already rendered.

2023-A8323 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8323
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 29, 2023
                                ___________
 
 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 alter-
   nate jurors
 
   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 ANEW ON ALL OF THE
 ISSUES  THAT  WERE SUBMITTED TO THE JURY AT THE OUTSET OF DELIBERATIONS.
 WHERE A JURY HAS RENDERED THE VERDICT ON ONE  OR  MORE  ISSUES,  AND  AN

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11446-01-3
 A. 8323                             2

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