AZ HB2887

Adds section 21-316 to Arizona Revised Statutes establishing peremptory challenges for criminal actions with the following allowances: six challenges if the offense is punishable by death, four challenges in Superior Court for non-capital offenses, and one challenge in limited jurisdiction courts.

Requires that before dismissing a juror via peremptory challenge, the court must require the party to avow that the challenge was not based on race, color, religion, sex, age, national origin, or disability.

Allows the court to accept or reject the party's avowal after considering relevant evidence, and requires reinstatement of the juror to the prospective panel if the court rejects the avowal unless dismissed for other reasons.

Legislative findings indicate the law is intended to restore peremptory challenges eliminated by the Arizona Supreme Court on August 30, 2021, to reduce hung juries and associated costs while maintaining Batson v. Kentucky protections against discriminatory jury exclusion.