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S6361Senate2011-2012 SessionSame asA8972

Requires the court to retain one or both alternate jurors until the final verdict is delivered

Sponsor Carl L. MarcellinoSD-5Affects Legal
Status
In Assembly Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Judiciary

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Who cares

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Sponsors

Primary sponsor
Carl L. Marcellino

Senator · Senate District 5

Chair, Investigations And Government Operations

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Delivered to assembly
  3. Passed senateVote 56–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.785
  7. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8972Assembly

Requires the court to retain one or both alternate jurors until the final verdict is delivered

In Assembly Committee · Judiciary · Sponsor Michael Montesano

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6361

Title of bill

An act to amend the civil practice law and rules, in relation to retaining alternate jurors until verdicts are returned

Purpose

This bill will require the court to retain one or both alternate jurors until the final verdict is delivered.

Summary of provisions

Amends § 4106 of the civil practice law and rules by requiring the court to retain one or both of the alternate jurors until the final verdict of the case is delivered. In the event that a regular juror becomes unable to perform his or her duty in the process of deliberation, the court will then appoint one of the alternate jurors. The deliberation will recommence as if no deliberation had occurred.

Justification

This bill requires the court to retain alternate jurors for the entire length of trial, as opposed to the current law which allows the court to dismiss the alternate jurors before deliberation. This corrects an oversight that has lead to many unnecessary mistrials and countless dollars wasted on retrials. The bill attempts to reduce costs of trial by preventing mistrials and enhancing judicial economy.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.