New York S 9770: Relates to alternate jurors

Status: ADVANCED TO THIRD READING (as of 2026-04-27)

State: New York · Session: 2025-2026 · Bill: S 9770

Sponsors: Luis R. Sepúlveda

Bill Text

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S09770 Summary:

BILL NOS09770 

&nbsp

SAME ASSAME AS A08695

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §4106, CPLR

&nbsp

Provides that after an alternate juror has been substituted, the jury shall deliberate anew on all issues submitted to the jury at the outset of deliberations; exempts issues for which a verdict was already rendered.

Go to top S09770 Actions:

BILL NOS09770 

&nbsp

04/06/2026REFERRED TO JUDICIARY

04/21/20261ST REPORT CAL.753

04/22/20262ND REPORT CAL.

04/27/2026ADVANCED TO THIRD READING 

06/03/2026SUBSTITUTED BY A8695

&nbspA08695 AMEND= Rajkumar

&nbsp05/30/2025referred to judiciary

&nbsp01/07/2026referred to judiciary

&nbsp04/28/2026reported 

&nbsp04/30/2026advanced to third reading cal.413

&nbsp05/04/2026passed assembly

&nbsp05/04/2026delivered to senate

&nbsp05/04/2026REFERRED TO JUDICIARY

&nbsp06/03/2026SUBSTITUTED FOR S9770

&nbsp06/03/20263RD READING CAL.753

&nbsp06/03/2026PASSED SENATE

&nbsp06/03/2026RETURNED TO ASSEMBLY

Go to topS09770 Committee&nbspVotes:

Go to topS09770 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09770 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9770

 IN SENATE

 April 6, 2026
 ___________

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

 AN ACT to amend the civil practice law and rules, in relation to alter-
 nate jurors

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

 1 Section 1. Section 4106 of the civil practice law and rules, as
 2 amended by chapter 204 of the laws of 2013, is amended to read as
 3 follows:
 4 § 4106. Alternate jurors. One or more additional jurors, to be known
 5 as "alternate jurors", may be drawn upon the request of a party and
 6 consent of the court. Such alternate juror or jurors shall be drawn at
 7 the same time, from the same source, in the same manner, and have the
 8 same qualifications as regular jurors, and be subject to the same exam-
 9 inations and challenges. They shall be seated with, take the oath with,
 10 and be treated in the same manner as the regular jurors. After final
 11 submission of the case, the court may, in its discretion, retain such
 12 alternate juror or jurors to ensure availability if needed. At any time,
 13 before or after the final submission of the case, if a regular juror
 14 dies, or becomes ill, or is unable to perform the duties of a juror, the
 15 court may order that juror discharged and draw the name of an alternate,
 16 or retained alternate, if any, who shall replace the discharged juror,
 17 and be treated as if that juror had been selected as one of the regular
 18 jurors. Once deliberations have begun, the court may allow an alternate
 19 juror to participate in such deliberations only if a regular juror
 20 becomes unable to perform the duties of a juror. After an alternate
 21 juror has been substituted, the jury shall deliberate anew on all of the
 22 issues that were submitted to the jury at the outset of deliberations.
 23 Where a jury has rendered the verdict on one or more issues, and an
 24 alternate juror must be seated, the jury shall deliberate anew on all
 25 issues that were not determined by such rendered verdict.
 26 § 2. This act shall take effect immediately and shall apply to all
 27 actions and proceedings pending on or after such effective date.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11845-01-5

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