SB 794, as introduced, Evans. Juries: criminal trials: peremptory challenges.
Existing law provides that 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. Existing law, subject to exception, provides that for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges.
This bill would instead provide that, in those latter cases, the defendant and the state are entitled to an unspecified number of peremptory challenges.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 231 of the Code of Civil Procedure is
2amended to read:
(a) In criminal cases, if the offense charged is punishable
4with death, or with imprisonment in the state prison for life, the
5defendant is entitled to 20 and the people to 20 peremptory
6challenges. Except as provided in subdivision (b), in a trial for any
7other offense, the defendant is entitled tobegin delete 10end deletebegin insert ____end insert and the state to
P2 1begin delete 10end deletebegin insert ____end insert peremptory challenges. When two or more defendants
2are jointly tried, their
challenges shall be exercised jointly, but
3each defendant shall also be entitled to five additional challenges
4which may be exercised separately, and the people shall also be
5entitled to additional challenges equal to the number of all the
6additional separate challenges allowed the defendants.
7(b) If the offense charged is punishable with a maximum term
8of imprisonment of 90 days or less, the defendant is entitled to six
9and the state to six peremptory challenges. When two or more
10defendants are jointly tried, their challenges shall be exercised
11jointly, but each defendant shall also be entitled to four additional
12challenges which may be exercised separately, and the state shall
13also be entitled to additional challenges equal to the number of all
14the additional separate challenges allowed the defendants.
15(c) In civil cases, each party shall be entitled to six peremptory
16
challenges. If there are more than two parties, the court shall, for
17the purpose of allotting peremptory challenges, divide the parties
18into two or more sides according to their respective interests in
19the issues. Each side shall be entitled to eight peremptory
20challenges. If there are several parties on a side, the court shall
21divide the challenges among them as nearly equally as possible.
22If there are more than two sides, the court shall grant such
23additional peremptory challenges to a side as the interests of justice
24may require; provided that the peremptory challenges of one side
25shall not exceed the aggregate number of peremptory challenges
26of all other sides. If any party on a side does not use his or her full
27share of peremptory challenges, the unused challenges may be
28used by the other party or parties on the same side.
29(d) Peremptory challenges shall be taken or passed by the sides
30alternately, commencing with the plaintiff or people;
and each
31party shall be entitled to have the panel full before exercising any
32peremptory challenge. When each side passes consecutively, the
33jury shall then be sworn, unless the court, for good cause, shall
34otherwise order. The number of peremptory challenges remaining
35with a side shall not be diminished by any passing of a peremptory
36challenge.
37(e) If all the parties on both sides pass consecutively, the jury
38shall then be sworn, unless the court, for good cause, shall
39otherwise order. The number of peremptory challenges remaining
P3 1with a side shall not be diminished by any passing of a peremptory
2challenge.
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