Provides an exemption from jury duty for breastfeeding women

3 Co-sponsors

• Leroy Comrie
• Ruth Hassell-Thompson
• Bill Perkins

BILL NUMBER:S4971A

Title of bill

An act to amend the judiciary law, in relation to providing an exemption from jury duty for breastfeeding women

Purpose or general idea of bill

Provides exemption from jury duty for women six months pregnant, facing, complications with their pregnancy and women nursing a child.

Summary of specific provisions

Section 1. Paragraph 2 of subdivision a of section 517 of the judiciary law, as added by chapter 86 of the laws of 1995, is amended to read as follows:

(2) An application for postponement of jury service shall be granted hereunder provided: (i) such service has not already been postponed or excused, (ii) the application is made at such time and in such manor as the commissioner of jurors requires, {and} (iii) the postponement is to a date certain when the court is in session not more than six months after the date on which such service otherwise is to commence and such date is selected by the prospective juror, AND (IV) THE PROSPECTIVE JUROR IS AN EXPECT/NC MOTHER AND SIX MONTHS OR MORE PREGNANT, HAVING HEALTH COMPLICATIONS AS A RESULT OF HER PREGNANCY, OR IS A BREASTFEEDING MOTHER. TO GRANT AN APPLICATION FOR POSTPONEMENT OF JURY SERVICE FOR SUBPARAGRAPH (IV) OF THIS PARAGRAPH, THE PROSPECTIVE JUROR MUST SUBMIT A NOTE FROM A PHYSICIAN.

Justification

Jury duty exerts its demands on all who are called to serve and perhaps pregnancy and women who are breast feeding their infants. In an effort to protect the health of pregnant women and their unborn child, it is imperative that a mechanism is created that allows a physician to explain why an excuse from jury duty should be accepted and facilitated.

Many women have decided to breast feed their infants as a matter of promoting better health of their new-born based on the undeniable evidence which shows breast feeding as superior nutrition for the devel- opment of the infant's brain and immune system.

Jury duty interferes with these efforts at a critical time in the devel- opment of a child's cognitive and cerebral formation. No form of public service should override a mother's primary responsibility and care of their infant child.

This legislation provides expecting mothers and new mothers with the ability to be excused from jury duty per the written notice by a physi- cian supporting the reason for excuse. This legislation is a common sense approach to helping mother and child at a critical time during pregnancy and infancy.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.