NY State Senate Bill 2023-S6239

Current Bill Status Via A7495 - Passed Senate

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 23, 2024	returned to assembly passed senate 3rd reading cal.550 substituted for s6239
May 23, 2024	substituted by a7495
Mar 04, 2024	advanced to third reading
Feb 28, 2024	2nd report cal.
Feb 27, 2024	1st report cal.550
Jan 03, 2024	referred to codes
Apr 05, 2023	referred to codes

Votes

- May 23, 2024 - Floor Vote
  A7495
  
  57
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2024
      
      aye (57)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      absent (1)
      
      Sanders Jr.
      
      excused (4)
      
      Martinez
      
      Myrie
      
      Sepúlveda
      
      Walczyk
      
      The following Member(s) participated via videoconferencing: Mattera
  Feb 27, 2024 - Codes Committee Vote
  S6239
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Feb 27, 2024
      
      aye (13)
      
      Bailey
      
      Brisport
      
      Gallivan
      
      Harckham
      
      Hoylman-Sigal
      
      Kavanagh
      
      Murray
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Persaud
      
      Ryan
      
      Sepúlveda

co-Sponsors

2023-S6239 (ACTIVE) - Details

See Assembly Version of this Bill:: A7495
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §270.15, CP L

2023-S6239 (ACTIVE) - Summary

Permits the court to withhold the names and addresses of jurors in certain proceedings; sets factors for determining good cause to issue protective orders for juries.

2023-S6239 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6239

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to protective
orders for juries

 
PURPOSE GENERAL IDEA OF BILL:

To ensure the welfare of prospective jurors by allowing their names and
addresses to remain anonymous when there is reason to believe that a
trial will pose a threat to their safety and wellbeing.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 1 of section 270.15 of the
criminal procedure law to allow for the juror anonymity if certain
conditions listed in section two of the bill are met.

Section 2 amends subdivision 1-a of section 270.15 of the criminal
procedure law by allowing the court to issue a protective order and

regulate the disclosure of juror names when there is good cause. The
subdivision also denotes the factors a court may consider when determin-
ing whether good cause exists. Those factors include whether the defend-
ant or someone acting on their behalf previously bribed, tampered with,
caused, or attempted to cause injury to or harassed a juror or prospec-
tive juror; the seriousness of the charges and whether the defendant is
charged with participating in a large-scale criminal enterprise; and the
extent of the pretrial publicity concerning the criminal action or
proceeding.

Section 3 amends the criminal procedure law by adding a new subdivision
1-b, which requires the court to instruct a jury to make no inference
regarding the guilt or innocence of the defendant, based on the issuance
of a protective order; it is no indication of the defendant's credibili-
ty.

Section 4 states the effective date.

 
JUSTIFICATION:

This bill provides essential protection to jurors whose welfare may be
at risk when serving the courts of New York. In this age of technology,
it is effortless to find a person's personal information from their name
alone. This information can be inherently dangerous if it reaches the
hands of a defendant who holds hostility towards jurors. It is essential
that the law take precautionary measures if the court finds that jurors
may be at risk, and withhold the names of jurors in court proceedings.

Federal law already allows courts to select anonymous juries. There are
numerous cases where the 2nd circuit allowed for the names and addresses
of jurors to be withheld, such as U.S v. Luna, 19-cr-576 (BMC) (E.D.N.Y.
Jul. 2, 2022), U.S. v. Pica, 692 F. 3d 79,98 (2d Cir 2012), U.S. v.
Stewart, 590 F .3d 93,124 (2d Cir. 2009, U.S. v.  Paccione, 949 F.2d
1183. (2d Cir. 1991), U.S. v. Thomas, 757 F.2d 1359, 1365 (2d Cir.
1985), and U.S. v. Barnes, 604 F.2d 121 (2d Cir.  1979). In fact, New
York statute already acknowledges the dangers a defendant may pose, and
allows judges to withhold juror addresses from public record. However,
the law must expand and address jurors by number and not name, to fully
safeguard their identities.

This legislation obstructs a defendant from receiving the names, and
consequentially, the personal information of jurors serving the courts.
It also ensures that jurors do not form decisions based on fears of
retaliation, but remain fair and objective. It prevents any harm from
occurring to our jurors and strengthens the integrity of the New York
State Court System.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
Effective immediately.

2023-S6239 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6239
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2023
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed 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
 S. 6239                             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.

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Senate Bill S6239

Sponsored By

Current Bill Status Via A7495 - Passed Senate

May 23, 2024 - Floor Vote

Floor Vote: May 23, 2024

Feb 27, 2024 - Codes Committee Vote

Codes Committee Vote: Feb 27, 2024

co-Sponsors

2023-S6239 (ACTIVE) - Details

2023-S6239 (ACTIVE) - Summary

2023-S6239 (ACTIVE) - Sponsor Memo

2023-S6239 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6239

Share this bill

Sponsored By

Kevin Thomas

Current Bill Status Via A7495 - Passed Senate

co-Sponsors

Lea Webb

2023-S6239 (ACTIVE) - Details

2023-S6239 (ACTIVE) - Summary

2023-S6239 (ACTIVE) - Sponsor Memo

2023-S6239 (ACTIVE) - Bill Text download pdf

Comments