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CO SB128

Bill

Status

Failed

3/10/2022

Primary Sponsor

Julie Gonzales

Click for details

Origin

Senate

2022 Regular Session

AI Summary

  • Allows courts and opposing counsel to object to peremptory challenges based on racial or ethnic bias in criminal cases by simple citation to the statute.

  • Requires the party exercising a peremptory challenge to articulate all reasons upfront and prohibits citing additional reasons later; courts cannot rely on unarticulated reasons.

  • Establishes that courts need not find purposeful discrimination to deny a challenge if an objective observer could view race or ethnicity as a factor; requires contemporaneous written explanation on the record.

  • Lists seven presumptively invalid reasons for peremptory challenges: prior law enforcement contact, distrust of police, close relationships with arrested individuals, residing in certain neighborhoods, having a child outside marriage, receiving state benefits, and speaking English as a second language.

  • Requires appellate courts to review denials of objections de novo and review trial court factual findings for substantial evidence; any erroneously denied objection is deemed prejudicial error requiring reversal and new trial.

Legislative Description

Implicit Bias In Jury Selection

Last Action

Senate Committee on Judiciary Postpone Indefinitely

3/10/2022

Committee Referrals

Judiciary2/9/2022

Full Bill Text

No bill text available