SB 213, as amended, 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.begin insert The bill would require the Judicial Council to conduct a study, and on or before January 1, 2020, to submit a report to the public safety committees of both houses of the Legislature, on the reductions in peremptory challenges resulting from the enactment of the bill, as specified.end insert
Vote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
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 of one year or less, the defendant is entitled to
16six and the state to six peremptory challenges. When two or more
17defendants are jointly tried, their challenges shall be exercised
18jointly, but each defendant shall also be entitled to two additional
19challenges which may be exercised separately, and the state shall
20also be entitled to additional challenges equal to the number of all
21the additional separate challenges allowed the defendants.
P3 1(c) In civil cases, each party shall be entitled to six peremptory
2challenges. If there are more than two parties, the court shall, for
3the purpose of allotting peremptory challenges, divide the parties
4into two or more sides according to their respective interests in
5the
issues. Each side shall be entitled to eight peremptory
6challenges. If there are several parties on a side, the court shall
7divide the challenges among them as nearly equally as possible.
8If there are more than two sides, the court shall grant such
9additional peremptory challenges to a side as the interests of justice
10may require, provided that the peremptory challenges of one side
11shall not exceed the aggregate number of peremptory challenges
12of all other sides. If any party on a side does not use his or her full
13share of peremptory challenges, the unused challenges may be
14used by the other party or parties on the same side.
15(d) Peremptory challenges shall be taken or passed by the sides
16alternately, commencing with the plaintiff or people, and each
17party shall be entitled to have the panel full before exercising any
18peremptory
challenge. When each side passes consecutively, the
19jury shall 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(e) If all the parties on both sides pass consecutively, the jury
24shall then be sworn, unless the court, for good cause, shall
25otherwise order. The number of peremptory challenges remaining
26with a side shall not be diminished by any passing of a peremptory
27challenge.
28(f) The Judicial Council shall conduct a study, and on or before
29January 1, 2020, shall submit a report to the public safety
30committees of both houses of the Legislature, on the reductions in
31peremptory
challenges resulting from the enactment of the act
32adding this subdivision. The study shall include, but not be limited
33to, an examination of the number of peremptory challenges used
34by the defendant and the state in misdemeanor jury trials, a
35representative sample of the types of cases that go to jury trial,
36and the resulting cost savings to the courts. A report to be
37submitted pursuant to this subdivision shall be submitted in
38compliance with Section 9795 of the Government Code.
23 39(f)
end delete
P4 1begin insert(g)end insert This section shall remain in effect only until January 1, 2021,
2and as of that date is repealed, unless a later enacted
statute, that
3is enacted before January 1, 2021, deletes or extends that date.
Section 231 is added to the Code of Civil Procedure,
5to read:
(a) In criminal cases, if the offense charged is punishable
7with death, or with imprisonment in the state prison for life, the
8defendant is entitled to 20 and the people to 20 peremptory
9challenges. Except as provided in subdivision (b), in a trial for any
10other offense, the defendant is entitled to 10 and the state to 10
11peremptory challenges. When two or more defendants are jointly
12tried, their challenges shall be exercised jointly, but each defendant
13shall also be entitled to five additional challenges which may be
14exercised separately, and the people shall also be entitled to
15additional challenges equal to the number of all the additional
16separate challenges allowed the defendants.
17(b) If the offense charged is punishable with a maximum term
18of imprisonment of 90 days or less, the defendant is entitled to six
19and the state to six peremptory challenges. When two or more
20defendants are jointly tried, their challenges shall be exercised
21jointly, but each defendant shall also be entitled to four additional
22challenges which may be exercised separately, and the state shall
23also be entitled to additional challenges equal to the number of all
24the additional separate challenges allowed the defendants.
25(c) In civil cases, each party shall be entitled to six peremptory
26challenges. If there are more than two parties, the court shall, for
27the purpose of allotting peremptory challenges, divide the parties
28into two or more sides according to their respective interests in
29the issues. Each side shall be entitled to eight peremptory
30challenges.
If there are several parties on a side, the court shall
31divide the challenges among them as nearly equally as possible.
32If there are more than two sides, the court shall grant such
33additional peremptory challenges to a side as the interests of justice
34may require, provided that the peremptory challenges of one side
35shall not exceed the aggregate number of peremptory challenges
36of all other sides. If any party on a side does not use his or her full
37share of peremptory challenges, the unused challenges may be
38used by the other party or parties on the same side.
39(d) Peremptory challenges shall be taken or passed by the sides
40alternately, commencing with the plaintiff or people, and each
P5 1party shall be entitled to have the panel full before exercising any
2peremptory challenge. When each side passes consecutively, the
3jury shall then be sworn,
unless the court, for good cause, shall
4otherwise order. The number of peremptory challenges remaining
5with a side shall not be diminished by any passing of a peremptory
6challenge.
7(e) If all the parties on both sides pass consecutively, the jury
8shall then be sworn, unless the court, for good cause, shall
9otherwise order. The number of peremptory challenges remaining
10with a side shall not be diminished by any passing of a peremptory
11challenge.
12(f) This section shall become operative on January 1, 2021.
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