New York A 317: Relates to prohibiting certain discriminatory peremptory challenges to prospective jurors

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A00317 Summary:

BILL NOA00317 

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SAME ASSAME AS S02491

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SPONSORCruz

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COSPNSR

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Amd §270.25, CP L

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Prohibits peremptory challenges of prospective jurors based on race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation.

Go to top A00317 Actions:

BILL NOA00317 

&nbsp

01/08/2025referred to codes

01/07/2026referred to codes

Go to topA00317 Committee&nbspVotes:

Go to topA00317 Floor&nbspVotes:

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

Go to topA00317 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 317

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. CRUZ -- read once and referred to the Committee
 on Codes

 AN ACT to amend the criminal procedure law, in relation to prohibiting
 peremptory challenges of prospective jurors based on race, color,
 national origin, ancestry, gender, gender identity or expression,
 religion, religious practice, age, disability, or sexual orientation

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

 1 Section 1. Subdivision 1 of section 270.25 of the criminal procedure
 2 law is amended to read as follows:
 3 1. A peremptory challenge is an objection to a prospective juror for
 4 which no reason need be assigned. Upon any lawful peremptory challenge,
 5 the court must exclude the person challenged from service.
 6 § 2. Section 270.25 of the criminal procedure law is amended to add a
 7 new subdivision 4 to read as follows:
 8 4. (a) A party shall not use a peremptory challenge to remove a
 9 prospective juror on the basis of such juror's race, color, national
 10 origin, ancestry, gender, gender identity or expression, religion, reli-
 11 gious practice, age, disability, or sexual orientation.
 12 (b) A party may object to the improper use of a peremptory challenge
 13 if such party believes that such challenge was made on an unlawful basis
 14 in violation of paragraph (a) of this subdivision. After such objection
 15 is made, any further discussion shall be conducted outside the presence
 16 of the panel. The objection shall be made before the jury is impaneled,
 17 unless information becomes known that could not have reasonably been
 18 known before the jury was impaneled.
 19 (c) Upon the objection made pursuant to paragraph (b) of this subdivi-
 20 sion, the party exercising the peremptory challenge shall state the
 21 reasons for exercising such challenge to the court.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01203-01-5

 A. 317 2

 1 (d) The court shall evaluate the reasons given to justify the peremp-
 2 tory challenge in light of the totality of the circumstances. The court
 3 shall consider only the reasons actually given and shall not speculate
 4 on, or assume the existence of, other possible justifications for the
 5 use of the peremptory challenge. If the court determines that, in the
 6 view of a reasonable person, the race, color, national origin, ancestry,
 7 gender, gender identity or expression, religion, religious practice,
 8 age, disability, or sexual orientation of a juror was a factor in the
 9 exercise of the peremptory challenge, then the objection shall be
 10 sustained and the peremptory challenge shall be defeated. The court need
 11 not find purposeful discrimination to sustain such objection. The court
 12 shall explain the reasons for its ruling on the record.
 13 § 3. This act shall take effect on the one hundred eightieth day after
 14 it shall have become a law and shall apply to all jury selections
 15 commenced on or after such date.

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