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CA AB3070
Bill
Status
9/30/2020
Primary Sponsor
Shirley Weber
Click for details
AI Summary
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Prohibits peremptory challenges based on race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in these groups, effective for jury trials beginning January 1, 2022.
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Requires parties exercising peremptory challenges to state their reasons upon objection, and allows courts to evaluate whether an objectively reasonable person would view protected group status as a factor in the challenge.
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Designates 13 categories of reasons as presumptively invalid for peremptory challenges (including distrust of law enforcement, neighborhood, dress/appearance, employment status, and apparent friendliness with same-group jurors) unless overcome by clear and convincing evidence.
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Establishes demeanor-based reasons (inattentiveness, lack of rapport, confused answers) as presumptively invalid unless the trial court confirms the behavior occurred and counsel explains its relevance to the case.
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Provides remedies when improper challenges are sustained, including quashing the venire, declaring a mistrial, seating the challenged juror, or providing additional challenges; denials of objections are reviewed de novo by appellate courts with erroneous denials deemed prejudicial.
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Exempts civil cases until January 1, 2026, after which the section repeals and is replaced with identical permanent language that applies to all jury trials.
Legislative Description
Juries: peremptory challenges.
Last Action
Chaptered by Secretary of State - Chapter 318, Statutes of 2020.
9/30/2020