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CO SB128
Bill
AI Summary
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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.
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Requires the party exercising a peremptory challenge to articulate all reasons upfront and prohibits citing additional reasons later; courts cannot rely on unarticulated reasons.
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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.
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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.
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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