BILL NUMBER:A2374

TITLE OF BILL:  An act to amend the judiciary law, in relation to the
selection of jurors, updating sources of name lists on a quarterly
basis, requiring the commissioner of jurors to collect demographic
data for jurors who present for jury service and the sending of juror
notices

PURPOSE OR GENERAL IDEA OF THE BILL: This bill would establish
procedures to ensure that jury pools in jurisdictions in New York are
representative of the communities from which they are drawn, by
expanding the source lists from which prospective jurors are selected;
requiring more frequent updating of such lists; requiring greater
efforts to solicit prospective jurors; and requiring the recording of
demographic data on jury pool participation.

SUMMARY OF SPECIFIC PROVISIONS: The bill amends section 506 of the
Judiciary Law, adding subdivision 506(a) to expand the source lists
from which prospective jurors are drawn by the commissioner of jurors
to include both income and property taxpayers, persons receiving
student aid assistance, persons receiving the senior citizen rent
increase exemption, persons receiving workers compensation, persons
receiving family and individual assistance, persons residing in public
housing, and persons subscribing to gas, electric, telephone and cable
television services. The commissioner of jurors is also directed to
update these lists quarterly in order to have a more accurate list to
draw from in communities which experience more transient residency
patterns. Subdivision 506(b) is added to require the commissioner of
jurors to collect and report demographic data on jury pool
participation based on race, religion, ethnicity, age and sex, in
order to provide the courts and policymakers a more accurate picture
of jury pools and whether they are representative of the communities
residing in the particular jurisdiction. Subdivision 506( c) is added
requiring the chief administrative judge to annually verify that the
procedures established in the Act are being complied with. Finally,
sections 509(b) and 516 of the Judiciary Law are amended to require
that two additional attempts be made to mail the prospective juror
questionnaire and serve the jury service summons, respectively, than
are currently required.

JUSTIFICATION: In 2006 Citizen Action-New York released a study
suggesting that minorities are severely under-represented in civil
jury pools in New York County, confirming what practitioners in that
jurisdiction have observed for years. This legislation requires the
commissioners of jurors in New York State to adopt modest, common
sense procedures to enable and promote jury service in minority
communities to ensure that jury pools are truly representative of the
communities served by courts in a particular jurisdiction.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: Ninety days after enactment.