CaliforniaJuries: peremptory challenges.
What it does
Existing law provides for the exclusion of a prospective juror from a trial jury by peremptory challenge. Existing law prohibits a party from using a peremptory challenge to remove a prospective juror on the basis of, among other things, the prospective juror's race, ethnicity, or gender. Existing law allows a party, or the trial court on its own motion, to object to the use of a peremptory challenge based on these criteria.
More detail
Upon objection, existing law requires the party exercising the challenge to state the reasons the peremptory challenge has been exercised. Existing law requires the court to evaluate the reasons given, as specified, and, if the court grants the objection, authorizes the court to take certain actions, including, but not limited to, starting a new jury selection, declaring a mistrial at the request of the objecting party, seating the challenged juror, or providing another remedy as the court deems appropriate. Under existing law, one of the circumstances the court may consider includes whether the counsel or counsel's office exercising the challenge has used peremptory challenges disproportionately against a given race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of these groups, in the present case or in past cases, as specified. Existing law, until January 1, 2026, prohibits the application of these provisions to civil cases.
This bill would extend the prohibition against application of these provisions to civil cases indefinitely, except as specified, including cases involving a civil rights violation and cases for the civil commitment of a person. The bill would require the party bringing specified claims to notify the court and the other party or parties of the applicability of these provisions in those civil cases, as specified. The bill would limit the court's consideration of counsel or counsel's office use of peremptory challenges in the present case or in past cases, as described above, to when counsel or counsel's office is a public entity.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 11Chaptered by Secretary of State. Chapter 656, Statutes of 2025.Latest
- Oct 11Approved by the Governor Gavin Newsom.Became Law
- Sep 23Enrolled and presented to the Governor at 2 p.m.To Governor
- Sep 12Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2987.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB645 Umberg Concurrence. Result: pass.Upper
- Sep 12In Senate. Concurrence in Assembly amendments pending.
- Sep 11Read third time. Passed. (Ayes 80. Noes 0. Page 3275.) Ordered to the Senate.Passed Assembly
- Vote recorded SB 645 Umberg Senate Third Reading By Papan. Result: pass.Lower
- Sep 4Ordered to third reading.Minor
- Sep 4Read third time and amended.Major
- Sep 2Read second time. Ordered to third reading.Minor
- Aug 29From committee: Do pass. (Ayes 15. Noes 0.) (August 29).Minor
- Vote recorded Do pass. Result: pass.Lower
- Aug 20August 20 set for first hearing. Placed on APPR. suspense file.
- Jul 9From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 8). Re-referred to Com. on APPR.Minor
- Jul 8
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jul 3From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.Major
- Jun 16Referred to Com. on JUD.Minor
- Jun 5In Assembly. Read first time. Held at Desk.Minor
- Jun 4Read third time. Passed. (Ayes 39. Noes 0. Page 1494.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading. Result: pass.Upper
- Jun 2Read second time. Ordered to third reading.Minor
- May 29Ordered to second reading.Minor
- May 29Read third time and amended.Major
- May 20Read second time. Ordered to third reading.Minor
- May 19From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- May 9Set for hearing May 19.
- May 8May 12 hearing postponed by committee.
- May 2Set for hearing May 12.
- Apr 16April 21 hearing postponed by committee.
- Apr 10Set for hearing April 21.
- Apr 9From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 706.) (April 8). Re-referred to Com. on APPR.Minor
- Apr 8
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Mar 17Set for hearing April 8.
- Mar 5Referred to Com. on JUD.Minor
- Feb 21From printer. May be acted upon on or after March 23.
- Feb 20Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced