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NJ S3796
Bill
Status
3/5/2026
Primary Sponsor
Teresa Ruiz
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AI Summary
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Adds gender identity and sexual orientation to the list of protected characteristics that cannot be used to disqualify someone from jury service in New Jersey, alongside existing protections for race, color, creed, national origin, ancestry, marital status, and sex.
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Prohibits attorneys from using peremptory challenges to remove prospective jurors based on assumptions about their fairness due to protected characteristics or membership in constitutionally protected classes.
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Establishes a formal procedure for challenging discriminatory peremptory challenges: the objecting party must establish a prima facie case of discrimination, then the burden shifts to the challenging party to demonstrate a neutral, non-discriminatory reason supported by the record.
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Authorizes courts to impose remedies when discriminatory peremptory challenges are found, including reseating the wrongfully excluded juror, forfeiting the improper challenge, dismissing the jury panel, or adjusting the number of peremptory challenges available to each party.
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Replaces criminal penalties (previously a misdemeanor with up to $5,000 fine) with a $5,000 civil penalty for officers who purposely or knowingly exclude jurors based on protected characteristics.
Legislative Description
Prohibits juror disqualification based on gender identity or sexual orientation; codifies procedures when discriminatory use of peremptory challenges is alleged.
Judiciary
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee
3/5/2026