BILL ANALYSIS �
AB 2646
Page 1
Date of Hearing: May 6, 2014
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 2646 (Ting) - As Amended: March 28, 2014
SUBJECT : PEREMPTORY CHALLENGES: DISCRIMINATION
KEY ISSUE : SHOULD EXISTING LAW PROHIBITING DISCRIMINATION IN
THE EXERCISE OF PEREMPTORY CHALLENGES BE CLARIFIED?
SYNOPSIS
This non-controversial bill would update the statute prohibiting
discrimination in the exercise of peremptory challenges to
prospective jurors to make it clear that the grounds prohibited
by other laws regarding discrimination by the state and
state-funded entities also apply to peremptory challenges. There
is no known opposition.
SUMMARY : Clarifies the prohibition against discrimination in the
exercise of peremptory challenges to jurors. Specifically, this
bill 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 any
characteristic listed or defined in subdivision (a) of Section
11135 of the Government Code, or similar grounds.
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 Section 11135 of the
Government Code, or for any other reason. (Code of Civil
Procedure section 204.)
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. (Code of Civil Procedure
section 231.5.)
3)Prohibits discrimination by the state and state-funded
entities in all programs or activities with respect to race,
AB 2646
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national origin, ethnic group identification, religion, age,
sex, sexual orientation, color, genetic information, or
disability.
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
COMMENTS : The author explains the reason for the bill as
follows:
Section 204 of the Code of Civil Procedure (CCP) provides
that no eligible person shall be exempt from jury service
by reason of occupation, economic status, or any
characteristic listed or defined in Section 11135 of the
Government Code - the code section that states "no person
in the State of California shall, on the basis of race,
national origin, ethnic group identification, religion,
age, sex, sexual orientation, color, genetic information,
or disability" be discriminated against by the state.
Section 11135 of the Government Code applies to all
programs or activities conducted, operated, administered,
or funded (either wholly or partially) by the state.
Section 231.5 of the CCP provides that an individual may
not be removed from jury service based on 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. In order to provide
conformity in law, AB 2646 similarly cross-references
Section 11135 of the Government Code to this code section
instead of listing all the specific characteristics that
apply.
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. As the author explains,
existing law sets forth a representative list of characteristics
on which peremptory challenges to jurors may not be based. That
list has not been updated to reflect changes in the state's
general non-discrimination statute, section 11135 of the
Government Code, which arguably governs peremptory challenges by
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
AB 2646
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by the state or by any state agency, is 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 section 11135, this bill would
make the point explicit and therefore give potentially helpful
guidance to courts, parties and their counsel.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334