BILL ANALYSIS Ó AB 87 Page 1 ASSEMBLY THIRD READING AB 87 (Mark Stone) As Introduced January 7, 2015 Majority vote ----------------------------------------------------------------- |Committee |Votes |Ayes |Noes | |----------------+------+--------------------+--------------------| |Judiciary |9-1 |Mark Stone, Wagner, |Gallagher | | | |Alejo, Chau, Chiu, | | | | |Cristina Garcia, | | | | |Holden, | | | | |Maienschein, | | | | |O'Donnell | | ----------------------------------------------------------------- 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 Government Code Section 11135 subdivision (a), including race, national 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 Government Code Section AB 87 Page 2 11135 (as set out in 3) below), or for any other reason. 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. 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. FISCAL EFFECT: None 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 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 AB 87 Page 3 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, Government Code Section 11135, 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 Government Code Section 11135, this bill would make the point explicit and therefore give potentially helpful guidance to courts, parties and their counsel. Analysis Prepared by: Khadijah Hargett / JUD. / (916) 319-2334 FN: 0000055 AB 87 Page 4