BILL NUMBER: AB 2418	CHAPTERED  06/27/00

	CHAPTER   43
	FILED WITH SECRETARY OF STATE   JUNE 27, 2000
	APPROVED BY GOVERNOR   JUNE 27, 2000
	PASSED THE SENATE   JUNE 15, 2000
	PASSED THE ASSEMBLY   MAY 4, 2000
	AMENDED IN ASSEMBLY   MAY 2, 2000

INTRODUCED BY   Assembly Member Migden

                        FEBRUARY 24, 2000

   An act to amend Section 204 of, and to add Section 231.5 to, the
Code of Civil Procedure, relating to jurors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2418, Migden.  Jurors:  eligibility.
   Existing law specifies that no eligible person shall be exempt
from service as a trial juror by reason of occupation, race, color,
religion, sex, national origin, or economic status.
   This bill would add sexual orientation to the list of bases for
which no eligible person shall be exempt from service as a trial
juror.
   Existing law provides for the exclusion of prospective jurors from
a trial jury by peremptory challenge or challenge for cause.
   This bill would specify that no party may 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.
   The bill also would set forth the findings and intent of the
Legislature in this regard.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) the Legislature finds and declares all of the
following:
   (1) When any cognizable segment of the community is excluded from
jury service, the effect is to remove from the jury room qualities of
human nature and varieties of human experience.
   (2) Restricting jury service to only special groups or excluding
identifiable segments playing major roles in the community cannot be
squared with the constitutional concept of jury trial.
   (3) Lesbians and gay men represent such a cognizable segment of
the community, sharing a common perspective based upon their
membership in that community.
   (4) Lesbians and gay men share the common perspective of having
spent their lives in a sexual minority, either exposed to, or fearful
of, persecution and discrimination.
   (5) That perspective deserves representation in the jury venire,
and people who share that perspective deserve to bear their share of
the burdens and benefits of citizenship, including jury service.
   (b) It is the intent of the Legislature to codify the decision in
People v. Garcia (2000) ____Cal.App.4th ____.
  SEC. 2.  Section 204 of the Code of Civil Procedure is amended to
read:
   204.  (a) No eligible person shall be exempt from service as a
trial juror by reason of occupation, race, color, religion, sex,
national origin, economic status, or sexual orientation, or for any
other reason.  No person shall be excused from service as a trial
juror except as specified in subdivision (b).
   (b) An eligible person may be excused from jury service only for
undue hardship, upon themselves or upon the public, as defined by the
Judicial Council.
  SEC. 3.  Section 231.5 is added to the Code of Civil Procedure, to
read:
   231.5.  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.