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MS SB2194

Bill

Status

Failed

1/31/2023

Primary Sponsor

Derrick Simmons

Click for details

Origin

Senate

2023 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

  • Requires attorneys to state reasons for a peremptory challenge when objected to, with the court evaluating whether an objectively reasonable person would view protected characteristics as a factor in the removal

  • Designates specific justifications as presumptively invalid, including distrust of law enforcement, having relatives who were arrested, receiving state benefits, not being a native English speaker, neighborhood, dress/appearance, and unemployment

  • Provides remedies when improper challenges are sustained, including quashing the jury venire, declaring a mistrial, seating the challenged juror, or providing additional challenges to the objecting party

  • Applies to criminal jury trials beginning January 1, 2023 and civil jury trials beginning January 1, 2026, with appellate courts reviewing denials of objections under a de novo standard

Legislative Description

Juries; prohibit peremptory challenges based on certain factors.

Last Action

Died In Committee

1/31/2023

Committee Referrals

Judiciary, Division A1/13/2023

Full Bill Text

No bill text available