BILL NUMBER: AB 2406	CHAPTERED  07/24/00

	CHAPTER   192
	FILED WITH SECRETARY OF STATE   JULY 24, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	PASSED THE SENATE   JUNE 29, 2000
	AMENDED IN SENATE   JUNE 20, 2000

INTRODUCED BY   Assembly Members Migden and Baugh
   (Coauthors: Assembly Members Ackerman, Bates, Kaloogian, Robert
Pacheco, and Pescetti)

                        FEBRUARY 24, 2000

   An act to amend Section 223 of the Code of Civil Procedure,
relating to jurors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2406, Migden.  Jurors:  examination.
   Under existing law, which was enacted by initiative measure, in a
criminal case, the court is required to conduct the examination of
prospective jurors, except that the court may permit the parties,
upon a showing of good cause, to conduct a further inquiry.  In a
criminal case, the trial court's exercise of its discretion in the
manner in which voir dire is conducted shall not cause the reversal
of a conviction, except as specified.  The initiative measure
provides that it may be amended by a measure enacted by a 2/3 vote of
each house.
   This bill would amend the initiative measure to instead require
the court to conduct an initial examination and thereafter give the
counsel for each party the right to examine, by oral and direct
questioning, any or all of the prospective jurors.  The bill would
permit the court, in the exercise of its discretion, to limit the
oral and direct questioning of prospective jurors by counsel, as
specified.  The bill would revise and recast the provision regarding
the effect of the trial court's exercise of its discretion on a
conviction, as specified.


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


  SECTION 1.  Section 223 of the Code of Civil Procedure is amended
to read:
   223.  In a criminal case, the court shall conduct an initial
examination of prospective jurors.   The court may submit to the
prospective jurors additional questions requested by the parties as
it deems proper.  Upon completion of the court's initial examination,
counsel for each party shall have the right to examine, by oral and
direct questioning, any or all of the prospective jurors.  The court
may, in the exercise of its discretion, limit the oral and direct
questioning of prospective jurors by counsel.  The court may specify
the maximum amount of time that counsel for each party may question
an individual juror, or may specify an aggregate amount of time for
each party, which can then be allocated among the prospective jurors
by counsel.  Voir dire of any prospective jurors shall, where
practicable, occur in the presence of the other jurors in all
criminal cases, including death penalty cases.  Examination of
prospective jurors shall be conducted only in aid of the exercise of
challenges for cause.
   The trial court's exercise of its discretion in the manner in
which voir dire is conducted, including any limitation on the time
which will be allowed for direct questioning of prospective jurors by
counsel and any determination that a question is not in aid of the
exercise of challenges for cause, shall not cause any conviction to
be reversed unless the exercise of that discretion has resulted in a
miscarriage of justice, as specified in Section 13 of Article VI of
the California Constitution.