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S3332Senate2019-2020 SessionSame asA429

Let Seniors Skip Jury Duty

Official title

“Provides for an optional excuse from jury service for persons age 70 and over”

Sponsor Kenneth P. LaValleSD-1+1 co-sponsorAffects Legal
Status
In Senate Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows New Yorkers aged 70 or older to be excused from jury duty upon request, without proving hardship.

Why it matters

  1. Increases flexibility for seniors. This bill empowers New Yorkers aged 70 and older to opt out of jury service simply by requesting it, making participation entirely voluntary for this age group without the need to prove hardship, illness, or inconvenience.

  2. Reduces administrative burden. By removing the requirement for older adults to demonstrate a specific reason for excusal, the bill streamlines the jury selection process for both seniors and court administrators.

  3. Acknowledges changing needs with age. The amendment recognizes that people over 70 may have unique personal, health, or caregiving challenges that aren't easily documented, respecting their autonomy to judge their own capacity to serve.

  4. May affect jury pool demographics. If a significant number of seniors take advantage of this excusal, it could lead to a younger average age among jurors, potentially impacting the perspectives represented in jury deliberations.

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Who cares

Headline styles

Let Seniors Skip Jury Duty

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

1 Co-sponsor

History

  1. Referred to judiciary
  2. 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.

A429Assembly

Let Seniors Skip Jury Duty

In Assembly Committee · Judiciary · Sponsor Rebecca Seawright

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3332

2019-2020 Regular Sessions

IN SENATE

February 5, 2019

Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to optional excusal from jury service for persons age 70 and over

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (a) of section 517 of the judiciary law is amended by adding a new paragraph 3 to read as follows:

(3) An application for excusal from the whole of the time of jury service shall be granted hereunder upon the request of any person who is seventy years of age or over made to the commissioner of jurors, without any need to show mental or physical incapacity, undue hardship or extreme inconvenience to the applicant. The application with proof of age shall be presented to the commissioner by mail, fax, email or in person at such time as he or she shall require.

§ 2. Subdivision (c) of section 517 of the judiciary law, as amended by chapter 86 of the laws of 1995, is amended to read as follows:

(c) [In] Except as provided in paragraph three of subdivision (a) of this section, in determining whether an application for excusal should be granted, the commissioner or the court shall consider whether the applicant has a mental or physical condition that causes him or her to be incapable of performing jury service or there is any other fact which indicates that attendance for jury service in accordance with the summons would cause undue hardship or extreme inconvenience to the applicant, a person under his or her care or supervision, or the public. Except as provided in paragraph two of subdivision (a) of this section, in determining whether an application for postponement should be granted, the commissioner or the court shall be guided by standards promulgated by the chief administrator of the courts.

§ 3. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01908-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the judiciary law, in relation to optional excusal from jury service for persons age 70 and over

Purpose

Allows persons to opt out of state jury service based solely on age without the burden of traveling to the courthouse to make the applica- tion similar to the federal court system.

Summary of provisions

Section 1. Amends subdivision (a) of section 517 of the judiciary law by adding a new paragraph 3.

Section 2. Amends subdivision (c) of section 517 of the judiciary law.

Section 3. Sets for the effective date.

Justification

The federal court system allows individuals to opt out of serving as a juror at age 70 without a showing of undue hardship or extreme inconven- ience by the applicant. Other states such as Florida, New Jersey and South Carolina allow individuals to be excused from jury service based upon age. Many seniors who are not disabled may still have difficulty traveling to courthouses in order to make the application for excusal. This legislation would make the process easier for senior citizens who jury service would create an undue burden and travel expense. At the same, seniors citizens who are willing and able to serve would not be barred whatsoever.

Legislative history

2017-18 S.2977/A.2347; 2016 S.7331/A.9292.

Fiscal implications

None.

Effective date

This act shall take effect on the first of September next succeeding the date on which it shall have become a law.

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