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MS SB2211

Bill

Status

Failed

2/2/2021

Primary Sponsor

Derrick Simmons

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • Prohibits parties from using peremptory challenges to remove prospective jurors based on race, ethnicity, gender, gender identity, sexual orientation, national origin, religious affiliation, or perceived membership in these groups.

  • Allows parties or trial courts to object to improper peremptory challenges; the challenging party must then state reasons for the challenge, which the court evaluates using a "substantial likelihood" standard that considers unconscious bias in addition to intentional discrimination.

  • Establishes a list of presumptively invalid reasons for peremptory challenges (including distrust of law enforcement, neighborhood, employment status, dress, and demeanor-based reasons) unless the party can prove by clear and convincing evidence the reason is unrelated to the prospective juror's protected group membership.

  • Authorizes courts to remedy improper challenges by quashing the venire and starting jury selection anew, declaring a mistrial, seating the challenged juror, providing additional challenges, or imposing other appropriate remedies.

  • Applies to all criminal jury trials with jury selection beginning January 1, 2022, and to all civil jury trials with jury selection beginning January 1, 2025; appellate courts review denials of objections de novo and must reverse and remand for new trial if the objection was erroneously denied.

Legislative Description

Juries; prohibit peremptory challenges based on certain factors.

Last Action

Died In Committee

2/2/2021

Committee Referrals

Judiciary, Division A1/8/2021

Full Bill Text

No bill text available