NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8325
SPONSOR: Seawright 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 OR GENERAL IDEA OF BILL:
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 judiciary law by adding
a new paragraph 3. Section 2. Amends subdivision (c) of section 517
judiciary. law.
Section 3. Effective date.
DIFFERENCE BETWEEN ORIGINAL AND .AMENDED VERSION (IF APPLICABLE):
Non-applicable.
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 solely
based upon age. Many seniors who are not disabled may still have diffi-
culty traveling to courthouses in order to make the application for
excuse!. This legislation would make the process easier for senior citi-
zens to - "retire" from jury service. At the same time, senior citizens
who are willing and able to serve would not be barred whatsoever.
PRIOR LEGISLATIVE HISTORY:
2021-22: S.7589 (Parker)/ A1371 (Seawright) Referred Senate/Assembly
Judiciary Committees
2019-20: S.3332 (LaValle)/A429 (Seawright) Referred Senate/Assembly
Judiciary Committees
2017-18: S.2977 (LaValle)/A.2347 (Seawright) Referred Senate/Assembly
Judiciary Committees
2015-16: S.7331 ((LaValle)/A.9292 (Seawright) Referred to
Senate/Assembly Judiciary Committees
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
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.
STATE OF NEW YORK
________________________________________________________________________
8325
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. SEAWRIGHT -- read once and referred 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 Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of section 517 of the judiciary law is
2 amended by adding a new paragraph 3 to read as follows:
3 (3) An application for excusal from the whole of the time of jury
4 service shall be granted hereunder upon the request of any person who is
5 seventy years of age or over made to the commissioner of jurors, without
6 any need to show mental or physical incapacity, undue hardship or
7 extreme inconvenience to the applicant. The application with proof of
8 age shall be presented to the commissioner by mail, fax, email or in
9 person at such time as he or she shall require.
10 § 2. Subdivision (c) of section 517 of the judiciary law, as amended
11 by chapter 86 of the laws of 1995, is amended to read as follows:
12 (c) [In] Except as provided in paragraph three of subdivision (a) of
13 this section, in determining whether an application for excusal should
14 be granted, the commissioner or the court shall consider whether the
15 applicant has a mental or physical condition that causes him or her to
16 be incapable of performing jury service or there is any other fact which
17 indicates that attendance for jury service in accordance with the
18 summons would cause undue hardship or extreme inconvenience to the
19 applicant, a person under his or her care or supervision, or the public.
20 Except as provided in paragraph two of subdivision (a) of this section,
21 in determining whether an application for postponement should be grant-
22 ed, the commissioner or the court shall be guided by standards promul-
23 gated by the chief administrator of the courts.
24 § 3. This act shall take effect on the first of September next
25 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.
LBD02828-01-3
