BILL ANALYSIS Ó
AB 87
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ASSEMBLY THIRD READING
AB
87 (Mark Stone)
As Introduced January 7, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+--------------------+--------------------|
|Judiciary |9-1 |Mark Stone, Wagner, |Gallagher |
| | |Alejo, Chau, Chiu, | |
| | |Cristina Garcia, | |
| | |Holden, | |
| | |Maienschein, | |
| | |O'Donnell | |
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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
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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
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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
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