Implicit Bias In Jury Selection

The bill allows courts and opposing counsel to raise objections to the use of peremptory challenges with the potential to be based on racial or ethnic bias in criminal cases.

The bill provides a list of presumptively invalid reasons for peremptory challenges. Presumptively invalid reasons include:

• Having prior contact with law enforcement officers;
• Expressing distrust of law enforcement officers or a belief that law enforcement officers engage in racial profiling;
• Having a close relationship with an individual who has been stopped, arrested, or convicted of a crime;
• Residing in certain neighborhoods;
• Having a child outside of marriage;
• Receiving state benefits; or
• Speaking English as a second language.

The bill requires appellate courts to hear peremptory challenge cases de novo and review a trial court's factual findings for substantial evidence.

(Note: This summary applies to this bill as introduced.)