SB 794, as amended, Evans. Juries: criminal trials: peremptory challenges.
Existing law provides that in a criminal case, if 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 of prospective jurors. Existing law also provides that when 2 or more defendants are jointly tried, their challenges are to be exercised jointly, but each defendant is also entitled to 4 additional challenges which may be exercised separately, and the state is entitled to the same number of additional challenges.
This bill wouldbegin insert, until January 1, 2017,end insert recast these provisions to apply to a criminal case in which the offense charged is punishable with a maximum term of imprisonment for one year or less. The bill would provide that in that instance the defendant and the state would each be allowed 5 peremptory challenges of prospective jurors. The bill wouldbegin insert, until January 1, 2017,end insert provide that if 2 or more defendants are jointly tried for an offense punishable with a maximum term of one year or less, their challenges would be exercised jointly, but each defendant would also be entitled to 2 additional challenges which may be exercised separately, and the state would also be entitled to 2 additional challenges.
Vote: majority. Appropriation: no. Fiscal committee: no. 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
16five and the state to five 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.
22(c) In civil cases, each party shall be entitled to six peremptory
23challenges. If there are more than two parties, the court shall, for
24the purpose of allotting peremptory challenges, divide the parties
25into two or more sides according to their respective interests in
26the
issues. Each side shall be entitled to eight peremptory
27challenges. If there are several parties on a side, the court shall
28divide the challenges among them as nearly equally as possible.
29If there are more than two sides, the court shall grant such
30additional peremptory challenges to a side as the interests of justice
31may require; provided that the peremptory challenges of one side
32shall not exceed the aggregate number of peremptory challenges
33of all other sides. If any party on a side does not use his or her full
34share of peremptory challenges, the unused challenges may be
35used by the other party or parties on the same side.
P3 1(d) Peremptory challenges shall be taken or passed by the sides
2alternately, commencing with the plaintiff or people; and each
3party shall be entitled to have the panel full before exercising any
4peremptory challenge. When
each side passes consecutively, the
5jury shall then be sworn, unless the court, for good cause, shall
6otherwise order. The number of peremptory challenges remaining
7with a side shall not be diminished by any passing of a peremptory
8challenge.
9(e) If all the parties on both sides pass consecutively, the jury
10shall then be sworn, unless the court, for good cause, shall
11otherwise order. The number of peremptory challenges remaining
12with a side shall not be diminished by any passing of a peremptory
13challenge.
14(f) This section shall remain in effect only until January 1, 2017,
15and as of that date is repealed, unless a later enacted statute, that
16is enacted before January 1, 2017, deletes or extends that date.
begin insertSection 231 is added to the end insertbegin insertCode of Civil Procedureend insertbegin insert,
18to read:end insert
(a) In criminal cases, if the offense charged is punishable
20with death, or with imprisonment in the state prison for life, the
21defendant is entitled to 20 and the people to 20 peremptory
22challenges. Except as provided in subdivision (b), in a trial for
23any other offense, the defendant is entitled to 10 and the state to
2410 peremptory challenges. When two or more defendants are jointly
25tried, their challenges shall be exercised jointly, but each defendant
26shall also be entitled to five additional challenges which may be
27exercised separately, and the people shall also be entitled to
28additional challenges equal to the number of all the additional
29separate challenges allowed the defendants.
30(b) If the offense charged is punishable with a maximum term
31of imprisonment of 90 days or less, the defendant is entitled to six
32and the state to six peremptory challenges. When two or more
33defendants are jointly tried, their challenges shall be exercised
34jointly, but each defendant shall also be entitled to four additional
35challenges which may be exercised separately, and the state shall
36also be entitled to additional challenges equal to the number of
37all the additional separate challenges allowed the defendants.
38(c) In civil cases, each party shall be entitled to six peremptory
39challenges. If there are more than two parties, the court shall, for
40the purpose of allotting peremptory challenges, divide the parties
P4 1into two or more sides according to their respective interests in
2the issues. Each side shall be entitled to eight peremptory
3challenges. If there are several
parties on a side, the court shall
4divide the challenges among them as nearly equally as possible.
5If there are more than two sides, the court shall grant such
6additional peremptory challenges to a side as the interests of justice
7may require; provided that the peremptory challenges of one side
8shall not exceed the aggregate number of peremptory challenges
9of all other sides. If any party on a side does not use his or her full
10share of peremptory challenges, the unused challenges may be
11used by the other party or parties on the same side.
12(d) Peremptory challenges shall be taken or passed by the sides
13alternately, commencing with the plaintiff or people; and each
14party shall be entitled to have the panel full before exercising any
15peremptory challenge. When each side passes consecutively, the
16jury shall then be sworn, unless the court, for good cause, shall
17otherwise order. The
number of peremptory challenges remaining
18with a side shall not be diminished by any passing of a peremptory
19challenge.
20(e) If all the parties on both sides pass consecutively, the jury
21shall then be sworn, unless the court, for good cause, shall
22otherwise order. The number of peremptory challenges remaining
23with a side shall not be diminished by any passing of a peremptory
24challenge.
25(f) This section shall become operative on January 1, 2017.
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