AB 3039

Bill Subjects

Juries Peremptory Challenges

Abstract

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. Existing law presumes a peremptory challenge for specified reasons, including views related to law enforcement, to be invalid unless a party can demonstrate by clear and convincing evidence that an objectively reasonable person would view the rationale as unrelated to a prospective juror's race, ethnicity, gender, gender identity, sexual orientation, national orientation, or religious affiliation, or perceived membership in any of those groups. This bill would remove a prospective juror's views related to law enforcement as a presumptively invalid basis for exercising a peremptory challenge.