Senator Umberg's legislation permanently extends California's protections against discriminatory jury selection to specific civil cases, building upon existing rules that prohibit removing potential jurors based on race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation. The measure applies these safeguards to civil rights violations, civil commitments, hate crime cases, and dependency proceedings.
The bill requires courts to evaluate objections to peremptory challenges by examining whether an objectively reasonable person would view protected characteristics as factors in a juror's removal. When certain common justifications for strikes are used - such as a prospective juror's distrust of law enforcement or neighborhood of residence - the party must provide clear evidence that the reason is unrelated to group membership and specifically affects the juror's ability to be impartial. For civil cases covered by these provisions, judges must notify parties at least 15 days before trial that these procedures apply.
The legislation limits courts' consideration of historical patterns in peremptory challenge use to instances involving public entity counsel. It maintains existing remedial options when improper strikes occur, including starting jury selection anew, declaring a mistrial, seating the challenged juror, or providing additional challenges to the objecting party. Appeals courts review denied objections de novo, considering only the specific reasons given for strikes rather than speculating about unstated justifications.
![]() Joaquin ArambulaD Assemblymember | Committee Member | Not Contacted | |
![]() Buffy WicksD Assemblymember | Committee Member | Not Contacted | |
![]() Tom UmbergD Senator | Bill Author | Not Contacted | |
![]() Lisa CalderonD Assemblymember | Committee Member | Not Contacted | |
![]() Mike FongD Assemblymember | Committee Member | Not Contacted |
Bill Number | Title | Introduced Date | Status | Link to Bill |
---|---|---|---|---|
SB-758 | Juries: peremptory challenges. | February 2025 | Introduced | |
AB-3039 | Juries: peremptory challenges. | February 2024 | Failed | |
Prospective jurors for criminal trials: peremptory challenges: elimination. | January 2021 | Failed | ||
Juries: peremptory challenges. | February 2020 | Passed |
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Senator Umberg's legislation permanently extends California's protections against discriminatory jury selection to specific civil cases, building upon existing rules that prohibit removing potential jurors based on race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation. The measure applies these safeguards to civil rights violations, civil commitments, hate crime cases, and dependency proceedings.
The bill requires courts to evaluate objections to peremptory challenges by examining whether an objectively reasonable person would view protected characteristics as factors in a juror's removal. When certain common justifications for strikes are used - such as a prospective juror's distrust of law enforcement or neighborhood of residence - the party must provide clear evidence that the reason is unrelated to group membership and specifically affects the juror's ability to be impartial. For civil cases covered by these provisions, judges must notify parties at least 15 days before trial that these procedures apply.
The legislation limits courts' consideration of historical patterns in peremptory challenge use to instances involving public entity counsel. It maintains existing remedial options when improper strikes occur, including starting jury selection anew, declaring a mistrial, seating the challenged juror, or providing additional challenges to the objecting party. Appeals courts review denied objections de novo, considering only the specific reasons given for strikes rather than speculating about unstated justifications.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
12 | 0 | 0 | 12 | PASS |
![]() Joaquin ArambulaD Assemblymember | Committee Member | Not Contacted | |
![]() Buffy WicksD Assemblymember | Committee Member | Not Contacted | |
![]() Tom UmbergD Senator | Bill Author | Not Contacted | |
![]() Lisa CalderonD Assemblymember | Committee Member | Not Contacted | |
![]() Mike FongD Assemblymember | Committee Member | Not Contacted |
Bill Number | Title | Introduced Date | Status | Link to Bill |
---|---|---|---|---|
SB-758 | Juries: peremptory challenges. | February 2025 | Introduced | |
AB-3039 | Juries: peremptory challenges. | February 2024 | Failed | |
Prospective jurors for criminal trials: peremptory challenges: elimination. | January 2021 | Failed | ||
Juries: peremptory challenges. | February 2020 | Passed |