Juries: peremptory challenges.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill extends a provision in California law that prohibits using peremptory challenges to remove jurors based on race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation. Previously, this prohibition only applied to civil cases starting January 1, 2026. Now, it applies indefinitely, except in specific civil cases like those involving civil rights violations, civil commitment proceedings, hate crimes, or certain fair employment and housing acts. The bill also requires parties in covered civil cases to notify the court of the applicability of these provisions.
Key provisions
- Extends the prohibition on using peremptory challenges based on protected characteristics indefinitely.
- Applies this prohibition to civil cases involving civil rights violations, including those related to discrimination, harassment, and retaliation.
- Applies to actions for the civil commitment of a person, specifically those involving sexually violent predators.
- Requires notification to the court and opposing parties when these provisions apply in covered civil cases.
- Limits the court's consideration of peremptory challenge reasons to those explicitly stated, preventing speculation.
- Establishes a ‘substantial likelihood’ standard for objecting to peremptory challenges, avoiding a strict ‘more likely than not’ requirement.
- Lists specific reasons for peremptory challenges that are presumptively invalid.
- Specifies appellate court review procedures for objections to peremptory challenges.
Bill text
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Sponsors
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1 on record
Primary sponsor
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