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MS SB2767

Bill

Status

Failed

3/5/2024

Primary Sponsor

Derrick Simmons

Click for details

Origin

Senate

2024 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 party exercising the challenge must state their reasons, which the court evaluates using a "substantial likelihood" standard that accounts for unconscious bias and does not require proof of intentional discrimination.

  • Establishes a list of presumptively invalid reasons for peremptory challenges (such as distrust of law enforcement, neighborhood, dress, employment in certain fields, or demeanor) unless the party proves by clear and convincing evidence the reason is unrelated to the juror's protected group status.

  • Upon sustaining an objection, courts may quash the venire and restart jury selection, declare a mistrial, seat the challenged juror, provide additional challenges, or impose other appropriate remedies.

  • Applies to criminal jury trials with selection beginning January 1, 2025, and civil jury trials with selection beginning January 1, 2027; appellate courts review denied objections de novo with errors deemed prejudicial, requiring reversal and new trial.

Legislative Description

Juries; prohibit peremptory challenges based on certain factors.

Last Action

Died In Committee

3/5/2024

Committee Referrals

Judiciary, Division A2/19/2024

Full Bill Text

No bill text available