Amended in Senate April 8, 2013

Senate Bill No. 794

Introduced by Senator Evans

February 22, 2013

An act to amend Section 231 of the Code of Civil Procedure, relating to juries.

LEGISLATIVE COUNSEL’S DIGEST

SB 794, as amended, Evans. Juries: criminal trials: peremptory challenges.

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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.

end delete begin delete

This bill would instead provide that, in those latter cases, the defendant and the state are entitled to an unspecified number of peremptory challenges.

end delete begin insert

Existing law provides that in a criminal case, if 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 of prospective jurors. Existing law also provides that when 2 or more defendants are jointly tried, their challenges are to be exercised jointly, but each defendant is also entitled to 4 additional challenges which may be exercised separately, and the state is entitled to the same number of additional challenges.

end insert begin insert

This bill would recast these provisions to apply to a criminal case in which the offense charged is punishable with a maximum term of imprisonment for one year or less. The bill would provide that in that instance the defendant and the state would each be allowed 5 peremptory challenges of prospective jurors. The bill would provide that if 2 or more defendants are jointly tried for an offense punishable with a maximum term of one year or less, their challenges would be exercised jointly, but each defendant would also be entitled to 2 additional challenges which may be exercised separately, and the state would also be entitled to 2 additional challenges.

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Vote: majority. Appropriation: no. Fiscal committee: no. 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 begin delete ____ end delete begin insert 10 end insert and the state to
begin delete ____ end delete begin insert 10 end insert 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 begin delete 90 days end delete begin insert one year end insert or less, the defendant is
entitled to begin delete six end delete begin insert five end insert and the state to begin delete six end delete begin insert five end insert peremptory challenges.
When two or more defendants are jointly tried, their challenges
shall be exercised jointly, but each defendant shall also be entitled
to begin delete four end delete begin insert two end insert 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.