BILL NUMBER: SB 794	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 8, 2013

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. 
   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.  
   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.  
   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. 
   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  ____ 
 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   one year  or
less, the defendant is entitled to  six   five
 and the state to  six   five 
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   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.