Bill Text: CA SB213 | 2015-2016 | Regular Session | Amended
Bill Title: Juries: criminal trials: peremptory challenges.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-06-23 - From Assembly without further action. [SB213 Detail]
Download: California-2015-SB213-Amended.html
BILL NUMBER: SB 213 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 28, 2015
INTRODUCED BY Senator Block
FEBRUARY 11, 2015
An act to amend, repeal, and add Section 231 of the Code of Civil
Procedure, relating to juries.
LEGISLATIVE COUNSEL'S DIGEST
SB 213, as amended, Block. Juries: criminal trials: peremptory
challenges.
Existing law provides that in a criminal case when the offense
charged is punishable by a maximum term of imprisonment that is more
than 90 days, but is not punishable by death or imprisonment in the
state prison for life, the defendant and the state are each entitled
to 10 peremptory challenges. Existing law also provides that in those
circumstances, when 2 or more defendants are jointly tried, their
challenges shall be exercised jointly, but each defendant is entitled
to 5 additional peremptory challenges that may be exercised
separately, and the state is entitled to additional challenges equal
to the number of additional challenges allowed to the defendants.
Existing law provides that in a criminal case when the offense
charged is punishable with a maximum term of imprisonment of 90 days
or less, the defendant and the state are each entitled to 6
peremptory challenges. Existing law also provides that in those
circumstances, when 2 or more defendants are jointly tried, their
challenges shall be exercised jointly, but each defendant is entitled
to 4 additional challenges that may be exercised separately, and the
state is entitled to additional challenges equal to the number of
additional challenges allowed to the defendants.
This bill would instead, until January 1, 2021, reduce the number
of peremptory challenges for some criminal cases by providing that in
a criminal case when the offense charged is punishable with a
maximum term of imprisonment of one year or less, the defendant and
the state would be entitled to 6 peremptory challenges. The bill
would provide that in those circumstances, when 2 or more defendants
are jointly tried, their challenges would be exercised jointly, but
each defendant would be entitled to 2 additional challenges that may
be exercised separately, and the state would be entitled to
additional challenges equal to the number of additional challenges
allowed to the defendants. The bill would require the Judicial
Council to conduct a study, and on or before January 1, 2020, to
submit a report to the public safety committees of both houses of the
Legislature, on the reductions in peremptory challenges res
ulting from the enactment of the bill, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 231 of the Code of Civil Procedure 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.
(b) If the offense charged is punishable with a maximum term of
imprisonment of one year or less, the defendant is entitled to six
and the state to six peremptory challenges. When two or more
defendants are jointly tried, their challenges shall be exercised
jointly, but each defendant shall also be entitled to two additional
challenges which may be exercised separately, and the state shall
also be entitled to additional challenges equal to the number of all
the additional separate challenges allowed the defendants.
(c) In civil cases, each party shall be entitled to six peremptory
challenges. If there are more than two parties, the court shall, for
the purpose of allotting peremptory challenges, divide the parties
into two or more sides according to their respective interests in the
issues. Each side shall be entitled to eight peremptory challenges.
If there are several parties on a side, the court shall divide the
challenges among them as nearly equally as possible. If there are
more than two sides, the court shall grant such additional peremptory
challenges to a side as the interests of justice may require,
provided that the peremptory challenges of one side shall not exceed
the aggregate number of peremptory challenges of all other sides. If
any party on a side does not use his or her full share of peremptory
challenges, the unused challenges may be used by the other party or
parties on the same side.
(d) Peremptory challenges shall be taken or passed by the sides
alternately, commencing with the plaintiff or people, and each party
shall be entitled to have the panel full before exercising any
peremptory challenge. When each side passes consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining with a
side shall not be diminished by any passing of a peremptory
challenge.
(e) If all the parties on both sides pass consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining with a
side shall not be diminished by any passing of a peremptory
challenge.
(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 adding
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. A report to be submitted pursuant to
this subdivision shall be submitted in compliance with Section 9795
of the Government Code.
(f)
(g) This section shall remain in effect only until
January 1, 2021, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2021, deletes or
extends that date.
SEC. 2. Section 231 is added to the Code of Civil Procedure, 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.
(b) If the offense charged is punishable with a maximum term of
imprisonment of 90 days or less, the defendant is entitled to six and
the state to six peremptory challenges. When two or more defendants
are jointly tried, their challenges shall be exercised jointly, but
each defendant shall also be entitled to four additional challenges
which may be exercised separately, and the state shall also be
entitled to additional challenges equal to the number of all the
additional separate challenges allowed the defendants.
(c) In civil cases, each party shall be entitled to six peremptory
challenges. If there are more than two parties, the court shall, for
the purpose of allotting peremptory challenges, divide the parties
into two or more sides according to their respective interests in the
issues. Each side shall be entitled to eight peremptory challenges.
If there are several parties on a side, the court shall divide the
challenges among them as nearly equally as possible. If there are
more than two sides, the court shall grant such additional peremptory
challenges to a side as the interests of justice may require,
provided that the peremptory challenges of one side shall not exceed
the aggregate number of peremptory challenges of all other sides. If
any party on a side does not use his or her full share of peremptory
challenges, the unused challenges may be used by the other party or
parties on the same side.
(d) Peremptory challenges shall be taken or passed by the sides
alternately, commencing with the plaintiff or people, and each party
shall be entitled to have the panel full before exercising any
peremptory challenge. When each side passes consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining with a
side shall not be diminished by any passing of a peremptory
challenge.
(e) If all the parties on both sides pass consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining with a
side shall not be diminished by any passing of a peremptory
challenge.
(f) This section shall become operative on January 1, 2021.
