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MS SB2307

Bill

Status

Failed

2/1/2022

Primary Sponsor

Derrick Simmons

Click for details

Origin

Senate

2022 Regular Session

AI Summary

  • Prohibits using peremptory challenges to remove prospective jurors based on race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation

  • Establishes a "substantial likelihood" standard for sustaining objections to peremptory challenges, requiring courts to evaluate whether an objectively reasonable person would view protected characteristics as a factor in the challenge

  • Designates specific reasons as presumptively invalid for peremptory challenges, including distrust of law enforcement, having relatives who were arrested, receiving state benefits, neighborhood of residence, not being a native English speaker, and dress or appearance

  • Requires courts to sustain objections based on juror demeanor (inattentiveness, lack of eye contact, body language) only if the court personally observed the behavior and counsel explains its relevance to the case

  • Applies to criminal jury trials beginning January 1, 2023, and civil jury trials beginning January 1, 2026, with appellate courts reviewing denied objections de novo and treating erroneous denials as prejudicial error requiring reversal

Legislative Description

Juries; prohibit peremptory challenges based on certain factors.

Last Action

Died In Committee

2/1/2022

Committee Referrals

Judiciary, Division A1/17/2022

Full Bill Text

No bill text available