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A05424 Summary:

BILL NOA05424
 
SAME ASSAME AS S00748
 
SPONSORCrespo (MS)
 
COSPNSRSolages, D'Urso, Pichardo, Seawright, Darling, Reyes, Rosenthal L
 
MLTSPNSRBarrett, Blake, Braunstein, Davila, Hevesi, Hyndman, Jaffee, Jean-Pierre, Joyner, Raia, Simon, Simotas, Steck
 
Amd 517, Judy L
 
Provides an exemption from jury duty for breastfeeding women; allows that such breastfeeding mother's jury duty shall be postponed up to two years after the date on which such service otherwise is to commence.
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A05424 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5424
 
SPONSOR: Crespo (MS)
  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 of section 517 of the judiciary law, as added by chapter 86 of the laws of 1995, is amended to read as follows: Subsection la: provided that if the prospective juror is a breastfeeding mother and submits with her application a note from a physician indicat- ing that the prospective juror is a breastfeeding, the commissioner shall excuse the prospective juror or postpone the time of jury service. Subsection 2: An application for postponement of jury service shall be granted hereunder provided: (I) such service has not already been post- poned 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, provided that if the prospective juror is a breast feeding mother, the postponement date may be a dated certain up to two years after the date on which such service otherwise is to commence. Section 2: This act shall take effect immediately.   JUSTIFICATION: Jury duty exerts its demands on all who are called to serve and perhaps even more on expecting mothers, women facing complications with their 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 uncontradictable 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: A.6793A of 2015 referred to judiciary. A06111 Actions: 02/23/2017 referred to judiciary 05/22/2017 amend and recommit to judiciary 05/22/2017 print number 6111a 05/25/2017 amend and recommit to judiciary 05/25/2017 print number 6111b 01/03/2018 referred to judiciary   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A05424 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5424
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2019
                                       ___________
 
        Introduced by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. BARRETT,
          BLAKE,  BRAUNSTEIN,  DAVILA,  HEVESI,  HYNDMAN,  JAFFEE,  JEAN-PIERRE,
          JOYNER, RAIA, SIMON, SIMOTAS, STECK -- read once and referred  to  the
          Committee on Judiciary
 
        AN ACT to amend the judiciary law, in relation to providing an exemption
          from jury duty for breastfeeding women

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs 1 and 2 of subdivision (a) of section 517 of the
     2  judiciary law, paragraph 1 as amended and paragraph 2 as added by  chap-
     3  ter 86 of the laws of 1995, are amended to read as follows:
     4    (1) Except as otherwise provided in paragraph two of this subdivision,
     5  the  commissioner of jurors may, in his or her discretion, on the appli-
     6  cation of a prospective juror who has been summoned  to  attend,  excuse
     7  such  prospective  juror  from  a  part or the whole of the time of jury
     8  service or may postpone the time of jury service to a later  day  during
     9  the  same  or  any  subsequent  term  of the court, provided that if the
    10  prospective juror is a breastfeeding mother and submits with her  appli-
    11  cation  a note from a physician indicating that the prospective juror is
    12  breastfeeding, the commissioner shall excuse the  prospective  juror  or
    13  postpone the time of jury service. The application shall be presented to
    14  the  commissioner  at  such  time  and in such manner as he or she shall
    15  require, except that an application for postponement of the initial date
    16  for jury service may be made by telephone.
    17    (2) An application for postponement of jury service shall  be  granted
    18  hereunder  provided:  (i) such service has not already been postponed or
    19  excused, (ii) the application is made at such time and in such manner as
    20  the commissioner of jurors requires, and (iii) the postponement is to  a
    21  date certain when the court is in session not more than six months after
    22  the date on which such service otherwise is to commence and such date is
    23  selected  by  the  prospective  juror, provided  that if the prospective
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03064-01-9

        A. 5424                             2
 
     1  juror is a breastfeeding mother, the postponement date  may  be  a  date
     2  certain  up  to two years after the date on which such service otherwise
     3  is to commence.
     4    § 2. This act shall take effect immediately.
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