S5574

The New York State Senate passed legislation sponsored by Sen. Gounardes to amend the Criminal Procedure Law on a roll call vote of 45-11. The bill, Senate Print 5574 (Calendar Number 549), will take effect 180 days after becoming law. Eleven senators voted in opposition: Borrello, Griffo, Helming, Lanza, Mattera, Murray, O'Mara, Ortt, Rhoads, Stec, and Weik. No floor debate was recorded on the measure.

The New York State Senate passed legislation codifying the Batson v. Kentucky standard in state law and expanding protections against discriminatory jury selection, with a 51-11 vote on Calendar 1501, Senate Print 5574. Sponsored by Sen. Gounardes, the bill implements recommendations from the New York State Justice Task Force and prohibits peremptory challenges based on race, color, national origin, ancestry, gender, gender identity, religion, age, disability, or sexual orientation. Sen. Palumbo, while voting in favor, raised concerns about the bill's use of a reasonable-person standard that does not require proof of purposeful discrimination, warning it could lead to inconsistent appellate review and conviction reversals. Sen. Gounardes argued the reasonable-person standard is common throughout criminal law and that judges are equipped to make these determinations consistently. The bill aligns jury selection protections across voir dire and peremptory challenges and takes effect 180 days after becoming law.