Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to pass a bill that prohibits 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.

Highlights:

• Prohibits a party from using 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 in any of these groups in all jury trials in which jury selection begins on or after January 1, 2022 (Sec. 2-3).

• Specifies that peremptory challenge for any of the following reasons is presumed to be invalid unless the party exercising peremptory challenge can show by clear and convincing evidence that such a reason bears on the prospective juror’s ability to be fair and impartial in the case, including, but not limited to (Sec. 2):

• Expressing distrust of or having a negative experience with law enforcement or the criminal justice system;

• Expressing a belief that law enforcement officers engage in racial profiling or that criminal laws have been enforced in a discriminatory manner;

• A prospective juror’s neighborhood;

• Having a child outside of marriage;

• Receiving state benefits;

• Not being a native English speaker;

• Dress, attire, or personal appearance; or 

• Lack of employment or underemployment.  

• Authorizes a party or trial court to object to the improper use of a peremptory challenge before the jury is impaneled and upon such objection, requires the party exercising the peremptory challenge to state the reasons it has been exercised (Sec. 2-3). 

• Requires the court to evaluate the reasons given to justify the peremptory challenge and the totality of the circumstances to determine whether or not the objection will be sustained (Sec. 2-3).

• Requires a court that grants an objection to the improper exercise of peremptory challenge to do one or more of the following, including, but not limited to (Sec. 2-3):

• If requested by the objecting party, start the jury selection anew;

• If the motion is granted after the jury is impaneled, declare a mistrial and select a new jury;

• Seat the challenged juror; and or 

• Provide an alternative remedy as the court deems appropriate.

• Requires denials of objections to peremptory challenges to be reviewed by the appellate court de novo (Sec. 2-3). 

• Requires the judgement to be reversed and the case remanded for a new trial, if the appellate court determines that the objection was erroneously denied (Sec. 2-3). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits 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.

Highlights:

• Prohibits a party from using 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 in any of these groups in all jury trials in which jury selection begins on or after January 1, 2022 (Sec. 2-3).

• Specifies that peremptory challenge for any of the following reasons is presumed to be invalid unless the party exercising peremptory challenge can show by clear and convincing evidence that such a reason bears on the prospective juror’s ability to be fair and impartial in the case, including, but not limited to (Sec. 2):

• Expressing distrust of or having a negative experience with law enforcement or the criminal justice system;

• Expressing a belief that law enforcement officers engage in racial profiling or that criminal laws have been enforced in a discriminatory manner;

• A prospective juror’s neighborhood;

• Having a child outside of marriage;

• Receiving state benefits;

• Not being a native English speaker;

• Dress, attire, or personal appearance; or 

• Lack of employment or underemployment.  

• Authorizes a party or trial court to object to the improper use of a peremptory challenge before the jury is impaneled and upon such objection, requires the party exercising the peremptory challenge to state the reasons it has been exercised (Sec. 2-3). 

• Requires the court to evaluate the reasons given to justify the peremptory challenge and the totality of the circumstances to determine whether or not the objection will be sustained (Sec. 2-3).

• Requires a court that grants an objection to the improper exercise of peremptory challenge to do one or more of the following, including, but not limited to (Sec. 2-3):

• If requested by the objecting party, start the jury selection anew;

• If the motion is granted after the jury is impaneled, declare a mistrial and select a new jury;

• Seat the challenged juror; and or 

• Provide an alternative remedy as the court deems appropriate.

• Requires denials of objections to peremptory challenges to be reviewed by the appellate court de novo (Sec. 2-3). 

• Requires the judgement to be reversed and the case remanded for a new trial, if the appellate court determines that the objection was erroneously denied (Sec. 2-3). 

Full Bill Text