SB 212

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Jan 12, 2021
  • Senate
  • Assembly
  • Governor

Prospective jurors for criminal trials: peremptory challenges: elimination.

Abstract

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 Sponsors (2)

Votes


Actions


Sep 23, 2021

Senate

Returned to Secretary of Senate pursuant to Joint Rule 62(a).

Apr 20, 2021

Senate

April 20 set for first hearing. Failed passage in committee. (Ayes 1. Noes 3. Page 861.)

Mar 26, 2021

Senate

Set for hearing April 20.

Mar 18, 2021

Senate

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 10, 2021

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on RLS.

Jan 28, 2021

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Jan 13, 2021

Senate

From printer. May be acted upon on or after February 12.

Jan 12, 2021

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB212 HTML
01/12/21 - Introduced PDF
03/10/21 - Amended Senate PDF

Related Documents

Document Format
04/19/21- Senate Public Safety PDF

Sources

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