BILL ANALYSIS �
AB 2646
Page 1
ASSEMBLY THIRD READING
AB 2646 (Ting)
As Amended March 28, 2014
Majority vote
JUDICIARY 9-0
-----------------------------------------------------------------
|Ayes:|Wieckowski, Wagner, | | |
| |Alejo, Chau, Dickinson, | | |
| |Garcia, Maienschein, | | |
| |Muratsuchi, Stone | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
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 Government Code
Section 11135(a), 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 Government Code
Section 11135, or for any other reason.
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.
3)Prohibits discrimination by the state and state-funded
entities in all programs or activities with respect to race,
national origin, ethnic group identification, religion, age,
sex, sexual orientation, color, genetic information, or
disability.
FISCAL EFFECT : None
AB 2646
Page 2
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.
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,
Government Code Section 11135, 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 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 Government Code Section 11135,
AB 2646
Page 3
this bill would make the point explicit and therefore give
potentially helpful guidance to courts, parties and their
counsel.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0003321