SB 213, as introduced, Block. Juries: criminal trials: peremptory challenges.
Existing law provides that in a criminal case when the offense charged is punishable by a maximum term of imprisonment that is more than 90 days, but is not punishable by death or imprisonment in the state prison for life, the defendant and the state are each entitled to 10 peremptory challenges. Existing law also provides that in those circumstances, when 2 or more defendants are jointly tried, their challenges shall be exercised jointly, but each defendant is entitled to 5 additional peremptory challenges that may be exercised separately, and the state is entitled to additional challenges equal to the number of additional challenges allowed to the defendants.
Existing law provides that in a criminal case when 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. Existing law also provides that in those circumstances, when 2 or more defendants are jointly tried, their challenges shall be exercised jointly, but each defendant is entitled to 4 additional challenges that may be exercised separately, and the state is entitled to additional challenges equal to the number of additional challenges allowed to the defendants.
This bill would instead, until January 1, 2021, reduce the number of peremptory challenges for some criminal cases by providing that in a criminal case when the offense charged is punishable with a maximum term of imprisonment of one year or less, the defendant and the state would be entitled to 6 peremptory challenges. The bill would provide that in those circumstances, when 2 or more defendants are jointly tried, their challenges would be exercised jointly, but each defendant would be entitled to 2 additional challenges that may be exercised separately, and the state would be entitled to additional challenges equal to the number of additional challenges allowed to the defendants.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 231 of the Code of Civil Procedure is
2amended to read:
(a) In criminal cases, if the offense charged is punishable
4with death, or with imprisonment in the state prison for life, the
5defendant is entitled to 20 and the people to 20 peremptory
6challenges. Except as provided in subdivision (b), in a trial for any
7other offense, the defendant is entitled to 10 and the state to 10
8peremptory challenges. When two or more defendants are jointly
9tried, their challenges shall be exercised jointly, but each defendant
10shall also be entitled to five additional challenges which may be
11exercised separately, and the people shall also be entitled to
12additional challenges equal to the number of all the additional
13separate challenges allowed the defendants.
14(b) If the offense charged is punishable
with a maximum term
15of imprisonment ofbegin delete 90 daysend deletebegin insert
one yearend insert or less, the defendant is
16entitled to six and the state to six peremptory challenges. When
17two or more defendants are jointly tried, their challenges shall be
18exercised jointly, but each defendant shall also be entitled tobegin delete fourend delete
19begin insert twoend insert additional challenges which may be exercised separately, and
20the state shall also be entitled to additional challenges equal to the
21number of all the additional separate challenges allowed the
22defendants.
23(c) In civil cases, each party shall be entitled to six peremptory
24challenges. If there are more than two parties, the court shall, for
25the purpose of allotting peremptory challenges, divide the parties
26into two or more sides according to their respective interests in
27the issues.
Each side shall be entitled to eight peremptory
28challenges. If there are several parties on a side, the court shall
P3 1divide the challenges among them as nearly equally as possible.
2If there are more than two sides, the court shall grant such
3additional peremptory challenges to a side as the interests of justice
4maybegin delete require;end deletebegin insert require,end insert provided that the peremptory challenges of
5one side shall not exceed the aggregate number of peremptory
6challenges of all other sides. If any party on a side does not use
7his or her full share of peremptory challenges, the unused
8challenges may be used by the other party or parties on the same
9side.
10(d) Peremptory challenges shall be taken or passed by the sides
11alternately, commencing with the plaintiff orbegin delete people;end deletebegin insert
people,end insert and
12each party shall be entitled to have the panel full before exercising
13any peremptory challenge. When each side passes consecutively,
14the jury shall then be sworn, unless the court, for good cause, shall
15otherwise order. The number of peremptory challenges remaining
16with a side shall not be diminished by any passing of a peremptory
17challenge.
18(e) If all the parties on both sides pass consecutively, the jury
19shall then be sworn, unless the court, for good cause, shall
20otherwise order. The number of peremptory challenges remaining
21with a side shall not be diminished by any passing of a peremptory
22challenge.
23(f) This section shall remain in effect only until January 1, 2021,
24and as of that date is repealed, unless a later enacted statute,
that
25is enacted before January 1, 2021, deletes or extends that date.
Section 231 is added to the Code of Civil Procedure,
27to read:
(a) In criminal cases, if the offense charged is punishable
29with death, or with imprisonment in the state prison for life, the
30defendant is entitled to 20 and the people to 20 peremptory
31challenges. Except as provided in subdivision (b), in a trial for any
32other offense, the defendant is entitled to 10 and the state to 10
33peremptory challenges. When two or more defendants are jointly
34tried, their challenges shall be exercised jointly, but each defendant
35shall also be entitled to five additional challenges which may be
36exercised separately, and the people shall also be entitled to
37additional challenges equal to the number of all the additional
38separate challenges allowed the defendants.
39(b) If the offense charged is punishable with a maximum term
40of
imprisonment of 90 days or less, the defendant is entitled to six
P4 1and the state to six peremptory challenges. When two or more
2defendants are jointly tried, their challenges shall be exercised
3jointly, but each defendant shall also be entitled to four additional
4challenges which may be exercised separately, and the state shall
5also be entitled to additional challenges equal to the number of all
6the additional separate challenges allowed the defendants.
7(c) In civil cases, each party shall be entitled to six peremptory
8challenges. If there are more than two parties, the court shall, for
9the purpose of allotting peremptory challenges, divide the parties
10into two or more sides according to their respective interests in
11the issues. Each side shall be entitled to eight peremptory
12challenges. If there are several parties on a side, the court shall
13divide the challenges among them as nearly equally as possible.
14If there are more than two sides, the
court shall grant such
15additional peremptory challenges to a side as the interests of justice
16may require, provided that the peremptory challenges of one side
17shall not exceed the aggregate number of peremptory challenges
18of all other sides. If any party on a side does not use his or her full
19share of peremptory challenges, the unused challenges may be
20used by the other party or parties on the same side.
21(d) Peremptory challenges shall be taken or passed by the sides
22alternately, commencing with the plaintiff or people, and each
23party shall be entitled to have the panel full before exercising any
24peremptory challenge. When each side passes consecutively, the
25jury shall then be sworn, unless the court, for good cause, shall
26otherwise order. The number of peremptory challenges remaining
27with a side shall not be diminished by any passing of a peremptory
28challenge.
29(e) If all the
parties on both sides pass consecutively, the jury
30shall then be sworn, unless the court, for good cause, shall
31otherwise order. The number of peremptory challenges remaining
32with a side shall not be diminished by any passing of a peremptory
33challenge.
34(f) This section shall become operative on January 1, 2021.
O
99