BILL NUMBER: SB 794	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 21, 2014
	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Evans

                        FEBRUARY 22, 2013

   An act to amend  , repeal, and add  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 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  , until January 1, 2017,  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  , until January 1, 2017,
 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 one year or less, the defendant is entitled to five
and the state to 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 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) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, 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, 2017.