SB 212 California Senate · 2021-2022 Regular Session

Prospective jurors for criminal trials: peremptory challenges: elimination.

Summary
The Trial Jury Selection and Management Act generally authorizes a party in a criminal or civil case to challenge a prospective juror from becoming a trial juror, either by objecting to the prospective juror for cause, on the basis of a general disqualification or implied or actual bias, or through the use of a limited number of peremptory challenges. Under the act, in criminal cases, if the offense charged is punishable with death, or with imprisonment in the state prison for life, the defendant and the state are each entitled to 20 peremptory challenges. If the offense charged is punishable with a maximum term of imprisonment of 90 days or less, the defendant and the state are each entitled to 6 peremptory challenges, with a modification of that amount if 2 or more defendants are jointly tried. In a criminal trial for any other offense, the defendant and the state are each entitled to 10 peremptory challenges, with a modification of that amount if 2 or more defendants are jointly tried. The act requires the court to exclude any juror challenged peremptorily. Beginning on January 1, 2022, in a criminal case, the act authorizes a party or the trial court to object to the improper use of a peremptory challenge, as specified, and further authorizes those objections in civil cases beginning on January 1, 2026. This bill would eliminate peremptory challenges to prospective jurors in criminal cases. The bill would make conforming changes to related provisions, including, among others, repealing the authorization to object to the improper use of a peremptory challenge in a criminal case beginning on January 1, 2022. The bill also would make technical changes.
Bill status died 1 of 4 stages cleared
Introduction
Jan 2021
Committee Review
Floor Vote
Governor
Introduced Jan 12, 2021 Last action Sep 23, 2021
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
8
Key actions
1
Committee
3
Amendments
1
Apr 20, 2021
Committee
April 20 set for first hearing. Failed passage in committee. (Ayes 1. Noes 3. Page 861.)
upper
Mar 18, 2021
Committee
Re-referred to Com. on PUB. S.
upper
Mar 10, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Jan 28, 2021
Committee
Referred to Com. on RLS.
upper
Jan 12, 2021
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 1 co-sponsor

Sponsors