Bill Text: CA SB1133 | 2019-2020 | Regular Session | Amended
Bill Title: Peremptory challenges.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-06-29 - Referred to Com. on PUB. S. [SB1133 Detail]
Download: California-2019-SB1133-Amended.html
Amended
IN
Senate
May 21, 2020 |
Introduced by Senator Jackson |
February 19, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would repeal the provisions operative beginning on January 1, 2021, and make indefinitely operative the existing provisions that provide 6 peremptory challenges if the offense charged is punishable by a maximum term of imprisonment of one year or less, except as provided for defendants who are jointly tried.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 231 of the Code of Civil Procedure, as added by Section 2 of Chapter 33 of the Statutes of 2016, is amended to read:231.
(a) In criminal cases, if the offense charged is punishable with death, or with imprisonment in the state prison for life, the defendant is entitled to 20 and the people to 20 peremptory challenges. Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges. When two or more defendants are jointly tried, their challenges shall be exercised jointly, but each defendant shall also be entitled to five additional challenges which may be exercised separately, and the people shall also be entitled to additional challenges equal to the number of all the additional separate challenges allowed the defendants.(f)The Judicial Council shall conduct a study, and on or before January 1, 2020, shall submit a report to the public safety committees of both houses of the Legislature on the reductions in peremptory challenges resulting from the enactment of the act that added this subdivision. The study shall include, but not be limited to, an examination of the number of peremptory challenges used by the defendant and the state in misdemeanor jury trials, a representative sample of the types of cases that go to jury trial, and the
resulting cost savings to the courts. The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.