BILL ANALYSIS Ó AB 87 Page 1 Date of Hearing: March 17, 2015 ASSEMBLY COMMITTEE ON JUDICIARY Mark Stone, Chair AB 87 (Mark Stone) - As Introduced January 7, 2015 SUBJECT: JURORS: PEREMPTORY CHALLENGES KEY ISSUE: SHOULD EXISTING LAW PROHIBITING DISCRIMINATION IN THE EXERCISE OF PEREMPTORY CHALLENGES BE CLARIFIED? SYNOPSIS This non-controversial bill would update the statute that prohibits discrimination in the exercise of peremptory challenges to prospective jurors to clarify that the grounds prohibited by other laws regarding discrimination by the state and state-funded entities also apply to the exercise of peremptory challenges to prospective jurors. This bill is identical to a bill introduced in 2014 by Assembly Member Ting (AB 2646) that passed this Committee and the Assembly, but was changed to another subject in the Senate. SUMMARY: Clarifies the prohibition against discrimination in the exercise of peremptory challenges to prospective jurors. Specifically, this bill aligns existing non-discrimination law with jury selection law by defining discriminatory peremptory challenges as those categories listed within subdivision (a) of Section 11135 of the Government Code, including race, national AB 87 Page 2 origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information or disability. EXISTING LAW: 1)Provides that no eligible person shall be exempt from service as a trial juror by reason of occupation, economic status, or any characteristic listed or defined in Section 11135 of the Government Code (as set out in item #3 below), or for any other reason. (Code of Civil Procedure section 204.) 2 Provides that a party may not use a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of his or her race, color, religion, sex, national origin, sexual orientation, or similar grounds. (Code of Civil Procedure section 231.5.) 3 Prohibits discrimination by the state and state-funded entities in all programs or activities with respect to race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, as defined. (Government Code section 11135.) FISCAL EFFECT: As currently in print this bill is keyed non-fiscal. COMMENTS: The author explains the reason for the bill as follows: The jury system provides the foundation for the California justice system. We rely upon an impartial jury to yield fair and just results. The jury, by law, should be a cross section of the population in a community. Without specific protection from AB 87 Page 3 peremptory challenges that are based on the assumption of bias, because of gender identity, gender expression and other innate characteristics, it is possible for many community members to be excluded from prospective jury service. Under existing law, there is no specific protection from peremptory challenges based on the assumption of bias as a result of gender identity, gender expression, ethnicity, age, genetic information, and disability. This bill aims to protect against discrimination and ensure all aforementioned parties are treated equally under the law with regard to jury service and trial by a jury of their peers. This Bill Updates The Peremptory Challenge Statute To Make Clear That It May Not Be Used To Discriminate Against Prospective Jurors On Grounds Otherwise Prohibited. Existing law sets forth a list of characteristics on which peremptory challenges to prospective jurors may not be based. That list has not been updated to reflect changes in the state's general non-discrimination statute, section 11135 of the Government Code, which arguably already governs peremptory challenges by generally prohibiting discrimination on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability in any program or activity that is conducted, operated or administered by the state or any state agency, funded directly by the state, or receives any financial assistance from the state. While the existing catch-all provision prohibiting discrimination on "similar grounds" might be interpreted to cover all characteristics within section 11135 of the Government Code, this bill would make the point explicit and therefore give potentially helpful guidance to courts, parties and their counsel. AB 87 Page 4 Prior Related Legislation: AB 2646 (Ting) of 2014 was identical to this bill; it passed this Committee and the Assembly, but was changed to another subject in the Senate. REGISTERED SUPPORT / OPPOSITION: Support American Civil Liberties Union of California AFSCME California Communities United Institute California Public Defenders Association National Center for Lesbian Rights Transgender Law Center 28 Individuals Opposition None on file Analysis Prepared by: Khadijah Hargett/JUD./(916) 319-2334 AB 87 Page 5