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MS SB2211
Bill
AI Summary
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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.
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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.
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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.
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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.
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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