Shirley N. Weber
- Democratic
Author
Existing law provides for the exclusion of a prospective juror from a trial jury by peremptory challenge. Existing law prohibits a party from using a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of the sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation of the prospective juror, or on similar grounds. This bill would, for all jury trials in which jury selection begins on or after January 1, 2022, prohibit a party from using a peremptory challenge to remove a prospective juror on the basis of the prospective juror's race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or the perceived membership of the prospective juror in any of those groups. The bill would allow a party, or the trial court on its own motion, to object to the use of a peremptory challenge based on these criteria. Upon objection, the bill would require the party exercising the challenge to state the reasons the peremptory challenge has been exercised. The bill would require the court to evaluate the reasons given, as specified, and, if the court grants the objection, would authorize the court to take certain actions, including, but not limited to, starting a new jury selection, declaring a mistrial at the request of the objecting party, seating the challenged juror, or providing another remedy as the court deems appropriate. The bill would subject the denial of an objection to de novo review by an appellate court, as specified. The bill would, until January 1, 2026, specify that its provisions do not apply to civil cases.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 318, Statutes of 2020.
Enrolled and presented to the Governor at 3 p.m.
Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 16.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 17. Page 5508.).
Assembly Rule 63 suspended. (Ayes 55. Noes 16. Page 5507.)
In Assembly. Concurrence in Senate amendments pending.
Read third time. Refused passage. (Ayes 18. Noes 11.).
Reconsideration granted. (Ayes 39. Noes 0.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 20).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (August 7).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 16. Page 4821.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 13. Noes 5.) (June 2).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (May 11). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
Read first time.
From printer. May be heard in committee March 23.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB3070 | HTML |
| 02/21/20 - Introduced | |
| 05/04/20 - Amended Assembly | |
| 07/08/20 - Amended Senate | |
| 07/28/20 - Amended Senate | |
| 08/13/20 - Amended Senate | |
| 08/21/20 - Amended Senate | |
| 09/04/20 - Enrolled | |
| 09/30/20 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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