California 2021-2022 Regular Session Status: In Committee 1 D cosponsors

SB 212 — Prospective jurors for criminal trials: peremptory challenges: elimination.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 62(a).

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The Trial Jury Selection and Management Act generally authorizes a party in a criminal or civil case to challenge a prospective juror from becoming a trial juror, either by objecting to the prospective juror for cause, on the basis of a general disqualification or implied or actual bias, or through the use of a limited number of peremptory challenges. Under the act, in criminal cases, if the offense charged is punishable with death, or with imprisonment in the state prison for life, the defendant and the state are each entitled to 20 peremptory challenges. 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, with a modification of that amount if 2 or more defendants are jointly tried. In a criminal trial for any other offense, the defendant and the state are each entitled to 10 peremptory challenges, with a modification of that amount if 2 or more defendants are jointly tried. The act requires the court to exclude any juror challenged peremptorily. Beginning on January 1, 2022, in a criminal case, the act authorizes a party or the trial court to object to the improper use of a peremptory challenge, as specified, and further authorizes those objections in civil cases beginning on January 1, 2026. This bill would eliminate peremptory challenges to prospective jurors in criminal cases. The bill would make conforming changes to related provisions, including, among others, repealing the authorization to object to the improper use of a peremptory challenge in a criminal case beginning on January 1, 2022. The bill also would make technical changes.

Bill Text

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 62(a).

  2. April 20 set for first hearing. Failed passage in committee. (Ayes 1. Noes 3. Page 861.)

  3. Set for hearing April 20.

  4. Re-referred to Com. on PUB. S.

  5. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  6. Referred to Com. on RLS.

  7. From printer. May be acted upon on or after February 12.

  8. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (1)

  • Roth

Not signed on (120)

120 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Subjects

public-safety civil-rights elections
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Frequently asked questions

What does SB 212 do?
The Trial Jury Selection and Management Act generally authorizes a party in a criminal or civil case to challenge a prospective juror from becoming a trial juror, either by objecting to the prospective juror for cause, on the basis of a general disqualification or implied or actual bias, or through the use of a limited number of peremptory challenges. Under the act, in criminal cases, if the offense charged is punishable with death, or with imprisonment in the state prison for life, the defendant and the state are each entitled to 20 peremptory challenges. 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, with a modification of that amount if 2 or more defendants are jointly tried. In a criminal trial for any other offense, the defendant and the state are each entitled to 10 peremptory challenges, with a modification of that amount if 2 or more defendants are jointly tried. The act requires the court to exclude any juror challenged peremptorily. Beginning on January 1, 2022, in a criminal case, the act authorizes a party or the trial court to object to the improper use of a peremptory challenge, as specified, and further authorizes those objections in civil cases beginning on January 1, 2026. This bill would eliminate peremptory challenges to prospective jurors in criminal cases. The bill would make conforming changes to related provisions, including, among others, repealing the authorization to object to the improper use of a peremptory challenge in a criminal case beginning on January 1, 2022. The bill also would make technical changes.
Who sponsors SB 212?
SB 212 is sponsored by Umberg, Thomas J. (Democratic) and Roth.
What is the current status of SB 212?
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 212?
Track SB 212 free on One Click Politics — get push/email alerts when it moves.

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