HB 933 — Enact the Fair Trial Protection Act

Summary

To amend section 2945.21 of the Revised Code to enact the Fair Trial Protection Act to create a process for objecting to a peremptory challenge on the basis that the challenge is based on the prospective juror's race, color, religion, sex, military status, national origin, disability, age, or ancestry.

Bill Text

• Introduced As Introduced Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends section 2945.21 of the Revised Code to establish procedures for objecting to peremptory challenges in jury selection based on protected class status.

• Section 2945.21(C)(1)

  No party shall exercise a peremptory challenge to remove a prospective juror based on the juror's race, color, religion, sex, military status, national origin, disability, age, or ancestry. → No party shall exercise a peremptory challenge to remove a prospective juror based on the juror's race, color, religion, sex, military status, national origin, disability, age, or ancestry.

  This establishes that challenges based on these characteristics are prohibited.

• Section 2945.21(C)(2)

  If a party objects to a peremptory challenge on the basis that the challenge is based on the juror's membership in a protected class as prohibited by division (C)(1) of this section, the court shall require the party exercising the peremptory challenge to state, on the record, a clear, reasonably specific, and neutral explanation for challenging the juror.

  This requires transparency in the reasons for peremptory challenges when an objection is raised.

• Section 2945.21(D)

  Upon receiving an objection under division (C)(2) of this section and the explanation required under division (C)(2) of this section, the court shall evaluate the explanation on the record and shall not allow the peremptory challenge unless it finds both of the following: (1) That it is more likely than not that the peremptory challenge was exercised for reasons unrelated to the juror's membership in a protected class; (2) That the articulated interest of the party exercising the peremptory challenge substantially outweighs the interest in a fair trial by an impartial jury drawn from a representative cross-section of the community.

  This enhances scrutiny of peremptory challenges that may be based on protected class status.

• Section 2945.21(G)

  If a peremptory challenge is the subject of an appeal for violating division (C)(1) of this section, the court hearing the appeal shall conduct a de novo review of the legal conclusions of the trial court and shall only reverse the decision of the trial court on factual findings if those findings are clearly erroneous. Any appeal from a judgment based on a violation of division (C)(1) of this section shall proceed with heightened scrutiny to ensure that the defendant's right to a fair trial is protected.

  This establishes a de novo review standard for appeals related to peremptory challenge violations, emphasizing the importance of fair trial rights.

• Section 2945.21(F)

  If the court determines that a peremptory challenge violates division (C)(1) of this section, the court shall deny the challenge and seat the juror or, if the juror has already been excused, the court shall take appropriate remedial action, including declaring a mistrial, if necessary.

  This mandates remedial actions if a peremptory challenge is found to be improperly motivated.

Action History

1. As Introduced

Sponsors

• Josh Williams · Primary

Subjects