What's happening
This bill requires the Office of Court Administration to study and report on racial and ethnic disparities in jury selection and recommend ways to address them.
Why it matters
Creates a formal requirement for the courts to examine both the causes and consequences of racial and ethnic disparities in jury pools and juror selection. This means the state will collect and analyze data to understand not just if disparities exist, but why they arise and what impact they have on legal outcomes.
Mandates a statewide and regional analysis, which could highlight local patterns of inequity or progress. This approach may reveal that problems are not uniform and could help tailor solutions to specific communities or jurisdictions.
Requires actionable recommendations for change, potentially leading to legislative reforms or administrative adjustments in jury selection processes. The findings are not just for information, but are geared toward real policy interventions.
Establishes ongoing accountability by allowing for follow-up reports to track implementation and effectiveness of recommended changes. This could create lasting pressure for reform and transparency, as future reports must address whether disparities are actually being reduced over time.
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Who cares
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Study Racial Bias in Juries
Plain English, a few words. Used as the page title.
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History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6095
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. KENNEDY -- 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 requiring the office of court administration to study racial disparities in jury selection pools and juror selection
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The judiciary law is amended by adding a new section 529 to read as follows:
§ 529. Jury pool and jury selection demographics study. 1. The office of court administration shall conduct a study on the causes and effects of racial and ethnic disparities in jury selection pools and juror selection. The purpose of the study shall be to:
(a) identify statewide and regional ratios of the racial and ethnic makeup of jury selection pools, and racial and ethnic disparities in juror selection;
(b) review the extent to which racial and ethnic disparities in jury selection pools and juror selection affect the outcome of cases; and
(c) identify ways to reduce or eliminate racial and ethnic disparities in jury selection pools and juror selection.
2. In conducting the study, the office of court administration may seek the advice of persons specializing in fields related to mitigating and eliminating racial and ethnic disparities.
3. Within one year after the effective date of this section, the office of court administration shall prepare and submit to the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly a report containing the study's findings concerning the causes and effects of racial and ethnic disparities in jury selection pools and juror selection and recommendations for legislative or other actions that can
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11603-01-9
S. 6095 2
be undertaken to reduce or eliminate racial and ethnic disparities in jury selection pools and juror selection.
4. The office of court administration may prepare and submit additional reports when the office deems it appropriate, and each report, with the exception of the first report prepared under this section, shall additionally identify the extent to which the office's prior recommendations have been successfully implemented in practice and the apparent impact that the implementation of such recommended changes has had on racial and ethnic disparities in jury selection pools and juror selection in the preceding years.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
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 requiring the office of court administration to study racial disparities in jury selection pools and juror selection
Purpose or general idea of bill
To study the causes and effects of racial and ethnic disparities in jury selection pools and juror selection
Summary
OF SPECIFIC PROVISIONS:
Section one establishes the scope of the study. This sections states the purpose of the study and allows the office of Court Administration to seek the advice of experts in fields related to mitigating and eliminat- ing racial and ethnic disparities. This section also sets the reporting requirements for the study.
Section two sets the effective date.
Justification
The purpose of this legislation is to study the prevalence, cause and effects of racial and ethnic disparities in juries throughout New York State. State figures have shown that in all but two counties in the state, the Bronx to the most rural upstate counties, the percentage of black prospective jurors is less than the percentage of the local black population.
Irrespective of the alleged crime, all defendants are entitled to be judged by a jury of their peers. This has been widely interpreted to mean a broad spectrum of the population, varying in race, age, gender, and national ethnicity, and State law requires the jury panel to reflect "a fair cross section of the community," unfortunately, this has not been the case.
This legislation will allow the Office of Court Administration to study methods of mitigating and eliminating racial and ethnic disparities in jury selection pools and juror selection.
Prior legislative history
New bill
Fiscal implications
Undetermined.
Effective date
This act shall take effect on the thirtieth day after it shall have become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.