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SB-212 Prospective jurors for criminal trials: peremptory challenges: elimination.(2021-2022)

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Date Published: 03/10/2021 09:00 PM
SB212:v98#DOCUMENT

Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 212

Introduced by Senator Umberg
(Coauthor: Senator Roth)

January 12, 2021

An act to amend Sections 225, 226, and 234 of, to repeal and amend Section 231.7 of, and to repeal and add Section 231 of, the Code of Civil Procedure, and to amend Section 1089 of the Penal Code, relating to juries.


LEGISLATIVE COUNSEL'S DIGEST


SB 212, as amended, Umberg. Juries: peremptory challenges. Prospective jurors for criminal trials: peremptory challenges: elimination.
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.

Existing law prohibits a party from using a peremptory challenge to remove a prospective juror on the basis of the prospective juror’s race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or the perceived membership of the prospective juror in any of those groups. Existing law allows a party to object to the use of a peremptory challenge to remove a prospective juror on these bases and requires the objection to be sustained if there is a substantial likelihood an objective observer would view these bases as a factor in the use of the peremptory challenge.

This bill would state the intent of the Legislature to reform peremptory challenges.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 225 of the Code of Civil Procedure is amended to read:

225.
 A challenge is an objection made to the trial jurors that may be taken by any party to the action, and is of the following classes and types:
(a) A challenge to the trial jury panel for cause.
(1) A challenge to the panel may only be taken before a trial jury is sworn. The challenge shall be reduced to writing, and shall plainly and distinctly state the facts constituting the ground of challenge.
(2) Reasonable notice of the challenge to the jury panel shall be given to all parties and to the jury commissioner, by service of a copy thereof.
(3) The jury commissioner shall be permitted the services of legal counsel in connection with challenges to the jury panel.
(b) A challenge to a prospective juror by either:
(1) A challenge for cause, cause in a civil or criminal case for one of the following reasons:
(A) General disqualification—that the juror is disqualified from serving in the action on trial.
(B) Implied bias—as, when the existence of the facts as ascertained, in judgment of law disqualifies the juror.
(C) Actual bias—the existence of a state of mind on the part of the juror in reference to the case, or to any of the parties, which will prevent the juror from acting with entire impartiality, and without prejudice to the substantial rights of any party.
(2) A peremptory challenge to a prospective juror. juror in a civil case.

SEC. 2.

 Section 226 of the Code of Civil Procedure is amended to read:

226.
 (a) A challenge to an individual juror may only be made before the jury is sworn.
(b) A challenge to an individual juror may be taken orally or may be made in writing, but no reason need be given for a peremptory challenge, and the court shall exclude any juror challenged peremptorily.
(c) All challenges for cause in a civil case shall be exercised before any peremptory challenges may be exercised.
(d) All challenges to an individual juror, except a peremptory challenge, shall be taken, first by the defendants, and then by the people or plaintiffs.

SEC. 3.

 Section 231 of the Code of Civil Procedure is repealed.
231.

(a)In criminal cases, if the offense charged is punishable with death, or with imprisonment in the state prison for life, the defendant is entitled to 20 and the people to 20 peremptory challenges. Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges. When two or more defendants are jointly tried, their challenges shall be exercised jointly, but each defendant shall also be entitled to five additional challenges which may be exercised separately, and the people shall also be entitled to additional challenges equal to the number of all the additional separate challenges allowed the defendants.

(b)If the offense charged is punishable with a maximum term of imprisonment of 90 days or less, the defendant is entitled to six and the state to six peremptory challenges. When two or more defendants are jointly tried, their challenges shall be exercised jointly, but each defendant shall also be entitled to four additional challenges which may be exercised separately, and the state shall also be entitled to additional challenges equal to the number of all the additional separate challenges allowed the defendants.

(c)In civil cases, each party shall be entitled to six peremptory challenges. If there are more than two parties, the court shall, for the purpose of allotting peremptory challenges, divide the parties into two or more sides according to their respective interests in the issues. Each side shall be entitled to eight peremptory challenges. If there are several parties on a side, the court shall divide the challenges among them as nearly equally as possible. If there are more than two sides, the court shall grant such additional peremptory challenges to a side as the interests of justice may require, provided that the peremptory challenges of one side shall not exceed the aggregate number of peremptory challenges of all other sides. If any party on a side does not use his or her full share of peremptory challenges, the unused challenges may be used by the other party or parties on the same side.

(d)Peremptory challenges shall be taken or passed by the sides alternately, commencing with the plaintiff or people, and each party shall be entitled to have the panel full before exercising any peremptory challenge. When each side passes consecutively, the jury shall then be sworn, unless the court, for good cause, shall otherwise order. The number of peremptory challenges remaining with a side shall not be diminished by any passing of a peremptory challenge.

(e)If all the parties on both sides pass consecutively, the jury shall then be sworn, unless the court, for good cause, shall otherwise order. The number of peremptory challenges remaining with a side shall not be diminished by any passing of a peremptory challenge.

(f)This section shall become operative on January 1, 2021.

SEC. 4.

 Section 231 is added to the Code of Civil Procedure, to read:

231.
 (a) In civil cases, each party shall be entitled to six peremptory challenges. If there are more than two parties, the court shall, for the purpose of allotting peremptory challenges, divide the parties into two or more sides according to their respective interests in the issues. Each side shall be entitled to eight peremptory challenges. If there are several parties on a side, the court shall divide the challenges among them as nearly equally as possible. If there are more than two sides, the court shall grant additional peremptory challenges to a side as the interests of justice may require, provided that the peremptory challenges of one side shall not exceed the aggregate number of peremptory challenges of all other sides. If any party on a side does not use their full share of peremptory challenges, the unused challenges may be used by the other party or parties on the same side.
(b) Peremptory challenges shall be taken or passed by the sides alternately, commencing with the plaintiff, and each party shall be entitled to have the panel full before exercising any peremptory challenge. When each side passes consecutively, the jury shall then be sworn, unless the court, for good cause, shall otherwise order. The number of peremptory challenges remaining with a side shall not be diminished by any passing of a peremptory challenge.
(c) If all the parties on both sides pass consecutively, the jury shall then be sworn, unless the court, for good cause, shall otherwise order. The number of peremptory challenges remaining with a side shall not be diminished by any passing of a peremptory challenge.

SEC. 5.

 Section 231.7 of the Code of Civil Procedure, as added by Section 2 of Chapter 318 of the Statutes of 2020, is repealed.
231.7.

(a)A party shall not use a peremptory challenge to remove a prospective juror on the basis of the prospective juror’s race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or the perceived membership of the prospective juror in any of those groups.

(b)A party, or the trial court on its own motion, may object to the improper use of a peremptory challenge under subdivision (a). After the objection is made, any further discussion shall be conducted outside the presence of the panel. The objection shall be made before the jury is impaneled, unless information becomes known that could not have reasonably been known before the jury was impaneled.

(c)Notwithstanding Section 226, upon objection to the exercise of a peremptory challenge pursuant to this section, the party exercising the peremptory challenge shall state the reasons the peremptory challenge has been exercised.

(d)(1)The court shall evaluate the reasons given to justify the peremptory challenge in light of the totality of the circumstances. The court shall consider only the reasons actually given and shall not speculate on, or assume the existence of, other possible justifications for the use of the peremptory challenge. If the court determines there is a substantial likelihood that an objectively reasonable person would view race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, as a factor in the use of the peremptory challenge, then the objection shall be sustained. The court need not find purposeful discrimination to sustain the objection. The court shall explain the reasons for its ruling on the record. A motion brought under this section shall also be deemed a sufficient presentation of claims asserting the discriminatory exclusion of jurors in violation of the United States and California Constitutions.

(2)(A)For purposes of this section, an objectively reasonable person is aware that unconscious bias, in addition to purposeful discrimination, have resulted in the unfair exclusion of potential jurors in the State of California.

(B)For purposes of this section, a “substantial likelihood” means more than a mere possibility but less than a standard of more likely than not.

(C)For purposes of this section, “unconscious bias” includes implicit and institutional biases.

(3)In making its determination, the circumstances the court may consider include, but are not limited to, any of the following:

(A)Whether any of the following circumstances exist:

(i)The objecting party is a member of the same perceived cognizable group as the challenged juror.

(ii)The alleged victim is not a member of that perceived cognizable group.

(iii)Witnesses or the parties are not members of that perceived cognizable group.

(B)Whether race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, bear on the facts of the case to be tried.

(C)The number and types of questions posed to the prospective juror, including, but not limited to, any the following:

(i)Consideration of whether the party exercising the peremptory challenge failed to question the prospective juror about the concerns later stated by the party as the reason for the peremptory challenge pursuant to subdivision (c).

(ii)Whether the party exercising the peremptory challenge engaged in cursory questioning of the challenged potential juror.

(iii)Whether the party exercising the peremptory challenge asked different questions of the potential juror against whom the peremptory challenge was used in contrast to questions asked of other jurors from different perceived cognizable groups about the same topic or whether the party phrased those questions differently.

(D)Whether other prospective jurors, who are not members of the same cognizable group as the challenged prospective juror, provided similar, but not necessarily identical, answers but were not the subject of a peremptory challenge by that party.

(E)Whether a reason might be disproportionately associated with a race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups.

(F)Whether the reason given by the party exercising the peremptory challenge was contrary to or unsupported by the record.

(G)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 those groups, in the present case or in past cases, including whether the counsel or counsel’s office who made the challenge has a history of prior violations under Batson v. Kentucky (1986) 476 U.S. 79, People v. Wheeler (1978) 22 Cal.3d 258, Section 231.5, or this section.

(e)A peremptory challenge for any of the following reasons is presumed to be invalid unless the party exercising the peremptory challenge can show by clear and convincing evidence that an objectively reasonable person would view the rationale as unrelated to a prospective juror’s race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, and that the reasons articulated bear on the prospective juror’s ability to be fair and impartial in the case:

(1)Expressing a distrust of or having a negative experience with law enforcement or the criminal legal system.

(2)Expressing a belief that law enforcement officers engage in racial profiling or that criminal laws have been enforced in a discriminatory manner.

(3)Having a close relationship with people who have been stopped, arrested, or convicted of a crime.

(4)A prospective juror’s neighborhood.

(5)Having a child outside of marriage.

(6)Receiving state benefits.

(7)Not being a native English speaker.

(8)The ability to speak another language.

(9)Dress, attire, or personal appearance.

(10)Employment in a field that is disproportionately occupied by members listed in subdivision (a) or that serves a population disproportionately comprised of members of a group or groups listed in subdivision (a).

(11)Lack of employment or underemployment of the prospective juror or prospective juror’s family member.

(12)A prospective juror’s apparent friendliness with another prospective juror of the same group as listed in subdivision (a).

(13)Any justification that is similarly applicable to a questioned prospective juror or jurors, who are not members of the same cognizable group as the challenged prospective juror, but were not the subject of a peremptory challenge by that party. The unchallenged prospective juror or jurors need not share any other characteristics with the challenged prospective juror for peremptory challenge relying on this justification to be considered presumptively invalid.

(f)For purposes of subdivision (e), the term “clear and convincing” refers to the degree of certainty the factfinder must have in determining whether the reasons given for the exercise of a peremptory challenge are unrelated to the prospective juror’s cognizable group membership, bearing in mind conscious and unconscious bias. To determine that a presumption of invalidity has been overcome, the factfinder shall determine that it is highly probable that the reasons given for the exercise of a peremptory challenge are unrelated to conscious or unconscious bias and are instead specific to the juror and bear on that juror’s ability to be fair and impartial in the case.

(g)(1)The following reasons for peremptory challenges have historically been associated with improper discrimination in jury selection:

(A)The prospective juror was inattentive, or staring or failing to make eye contact.

(B)The prospective juror exhibited either a lack of rapport or problematic attitude, body language, or demeanor.

(C)The prospective juror provided unintelligent or confused answers.

(2)The reasons set forth in paragraph (1) are presumptively invalid unless the trial court is able to confirm that the asserted behavior occurred, based on the court’s own observations or the observations of counsel for the objecting party. Even with that confirmation, the counsel offering the reason shall explain why the asserted demeanor, behavior, or manner in which the prospective juror answered questions matters to the case to be tried.

(h)Upon a court granting an objection to the improper exercise of a peremptory challenge, the court shall do one or more of the following:

(1)Quash the jury venire and start jury selection anew. This remedy shall be provided if requested by the objecting party.

(2)If the motion is granted after the jury has been impaneled, declare a mistrial and select a new jury if requested by the defendant.

(3)Seat the challenged juror.

(4)Provide the objecting party additional challenges.

(5)Provide another remedy as the court deems appropriate.

(i)This section applies in all jury trials in which jury selection begins on or after January 1, 2022.

(j)The denial of an objection made under this section shall be reviewed by the appellate court de novo, with the trial court’s express factual findings reviewed for substantial evidence. The appellate court shall not impute to the trial court any findings, including findings of a prospective juror’s demeanor, that the trial court did not expressly state on the record. The reviewing court shall consider only reasons actually given under subdivision (c) and shall not speculate as to or consider reasons that were not given to explain either the party’s use of the peremptory challenge or the party’s failure to challenge similarly situated jurors who are not members of the same cognizable group as the challenged juror, regardless of whether the moving party made a comparative analysis argument in the trial court. Should the appellate court determine that the objection was erroneously denied, that error shall be deemed prejudicial, the judgment shall be reversed, and the case remanded for a new trial.

(k)This section shall not apply to civil cases.

(l)It is the intent of the Legislature that enactment of this section shall not, in purpose or effect, lower the standard for judging challenges for cause or expand use of challenges for cause.

(m)The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(n)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 6.

 Section 231.7 of the Code of Civil Procedure, as added by Section 3 of Chapter 318 of the Statutes of 2020, is amended to read:

231.7.
 (a) A party shall not use a peremptory challenge in a civil case to remove a prospective juror on the basis of the prospective juror’s race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or the perceived membership of the prospective juror in any of those groups.
(b) A party, or the trial court on its own motion, may object to the improper use of a peremptory challenge under subdivision (a). After the objection is made, any further discussion shall be conducted outside the presence of the panel. The objection shall be made before the jury is impaneled, unless information becomes known that could not have reasonably been known before the jury was impaneled.
(c) Notwithstanding Section 226, upon objection to the exercise of a peremptory challenge pursuant to this section, the party exercising the peremptory challenge shall state the reasons the peremptory challenge has been exercised.
(d) (1) The court shall evaluate the reasons given to justify the peremptory challenge in light of the totality of the circumstances. The court shall consider only the reasons actually given and shall not speculate on, or assume the existence of, other possible justifications for the use of the peremptory challenge. If the court determines there is a substantial likelihood that an objectively reasonable person would view race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, as a factor in the use of the peremptory challenge, then the objection shall be sustained. The court need not find purposeful discrimination to sustain the objection. The court shall explain the reasons for its ruling on the record. A motion brought under this section shall also be deemed a sufficient presentation of claims asserting the discriminatory exclusion of jurors in violation of the United States and California Constitutions.
(2) (A) For purposes of this section, an objectively reasonable person is aware that unconscious bias, in addition to purposeful discrimination, have resulted in the unfair exclusion of potential jurors in the State of California.
(B) For purposes of this section, a “substantial likelihood” means more than a mere possibility but less than a standard of more likely than not.
(C) For purposes of this section, “unconscious bias” includes implicit and institutional biases.
(3) In making its determination, the circumstances the court may consider include, but are not limited to, any of the following:
(A) Whether any of the following circumstances exist:
(i) The objecting party is a member of the same perceived cognizable group as the challenged juror.
(ii) The alleged victim is not a member of that perceived cognizable group.
(iii) Witnesses or the parties are not members of that perceived cognizable group.
(B) Whether race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, bear on the facts of the case to be tried.
(C) The number and types of questions posed to the prospective juror, including, but not limited to, any the following:
(i) Consideration of whether the party exercising the peremptory challenge failed to question the prospective juror about the concerns later stated by the party as the reason for the peremptory challenge pursuant to subdivision (c).
(ii) Whether the party exercising the peremptory challenge engaged in cursory questioning of the challenged potential juror.
(iii) Whether the party exercising the peremptory challenge asked different questions of the potential juror against whom the peremptory challenge was used in contrast to questions asked of other jurors from different perceived cognizable groups about the same topic or whether the party phrased those questions differently.
(D) Whether other prospective jurors, who are not members of the same cognizable group as the challenged prospective juror, provided similar, but not necessarily identical, answers but were not the subject of a peremptory challenge by that party.
(E) Whether a reason might be disproportionately associated with a race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups.
(F) Whether the reason given by the party exercising the peremptory challenge was contrary to or unsupported by the record.
(G) 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 those groups, in the present case or in past cases, including whether the counsel or counsel’s office who made the challenge has a history of prior violations under Batson v. Kentucky (1986) 476 U.S. 79, People v. Wheeler (1978) 22 Cal.3d 258, Section 231.5, or this section.
(e) A peremptory challenge for any of the following reasons is presumed to be invalid unless the party exercising the peremptory challenge can show by clear and convincing evidence that an objectively reasonable person would view the rationale as unrelated to a prospective juror’s race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, and that the reasons articulated bear on the prospective juror’s ability to be fair and impartial in the case:
(1) Expressing a distrust of or having a negative experience with law enforcement or the criminal legal system.
(2) Expressing a belief that law enforcement officers engage in racial profiling or that criminal laws have been enforced in a discriminatory manner.
(3) Having a close relationship with people who have been stopped, arrested, or convicted of a crime.
(4) A prospective juror’s neighborhood.
(5) Having a child outside of marriage.
(6) Receiving state benefits.
(7) Not being a native English speaker.
(8) The ability to speak another language.
(9) Dress, attire, or personal appearance.
(10) Employment in a field that is disproportionately occupied by members listed in subdivision (a) or that serves a population disproportionately comprised of members of a group or groups listed in subdivision (a).
(11) Lack of employment or underemployment of the prospective juror or prospective juror’s family member.
(12) A prospective juror’s apparent friendliness with another prospective juror of the same group as listed in subdivision (a).
(13) Any justification that is similarly applicable to a questioned prospective juror or jurors, who are not members of the same cognizable group as the challenged prospective juror, but were not the subject of a peremptory challenge by that party. The unchallenged prospective juror or jurors need not share any other characteristics with the challenged prospective juror for peremptory challenge relying on this justification to be considered presumptively invalid.
(f) For purposes of subdivision (e), the term “clear and convincing” refers to the degree of certainty the factfinder must have in determining whether the reasons given for the exercise of a peremptory challenge are unrelated to the prospective juror’s cognizable group membership, bearing in mind conscious and unconscious bias. To determine that a presumption of invalidity has been overcome, the factfinder shall determine that it is highly probable that the reasons given for the exercise of a peremptory challenge are unrelated to conscious or unconscious bias and are instead specific to the juror and bear on that juror’s ability to be fair and impartial in the case.
(g) (1) The following reasons for peremptory challenges have historically been associated with improper discrimination in jury selection:
(A) The prospective juror was inattentive, or staring or failing to make eye contact.
(B) The prospective juror exhibited either a lack of rapport or problematic attitude, body language, or demeanor.
(C) The prospective juror provided unintelligent or confused answers.
(2) The reasons set forth in paragraph (1) are presumptively invalid unless the trial court is able to confirm that the asserted behavior occurred, based on the court’s own observations or the observations of counsel for the objecting party. Even with that confirmation, the counsel offering the reason shall explain why the asserted demeanor, behavior, or manner in which the prospective juror answered questions matters to the case to be tried.
(h) Upon a court granting an objection to the improper exercise of a peremptory challenge, the court shall do one or more of the following:
(1) Quash the jury venire and start jury selection anew. This remedy shall be provided if requested by the objecting party.
(2) If the motion is granted after the jury has been impaneled, declare a mistrial and select a new jury if requested by the defendant.
(3) Seat the challenged juror.
(4) Provide the objecting party additional challenges.
(5) Provide another remedy as the court deems appropriate.
(i) This section applies in all civil jury trials in which jury selection begins on or after January 1, 2022. 2026.
(j) The denial of an objection made under this section shall be reviewed by the appellate court de novo, with the trial court’s express factual findings reviewed for substantial evidence. The appellate court shall not impute to the trial court any findings, including findings of a prospective juror’s demeanor, that the trial court did not expressly state on the record. The reviewing court shall consider only reasons actually given under subdivision (c) and shall not speculate as to or consider reasons that were not given to explain either the party’s use of the peremptory challenge or the party’s failure to challenge similarly situated jurors who are not members of the same cognizable group as the challenged juror, regardless of whether the moving party made a comparative analysis argument in the trial court. Should the appellate court determine that the objection was erroneously denied, that error shall be deemed prejudicial, the judgment shall be reversed, and the case remanded for a new trial.
(k) It is the intent of the Legislature that enactment of this section shall not, in purpose or effect, lower the standard for judging challenges for cause or expand use of challenges for cause.
(l) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(m) This section shall become operative January 1, 2026.

SEC. 7.

 Section 234 of the Code of Civil Procedure is amended to read:

234.
 (a) Whenever, in the opinion of a judge of a superior court about to try a civil or criminal action or proceeding, the trial is likely to be a protracted one, or upon stipulation of the parties, the court may cause an entry to that effect to be made in the minutes of the court and thereupon, immediately after the jury is impaneled and sworn, the court may direct the calling of one or more additional jurors, in its discretion, to be known as “alternate jurors.”

These

(b) These alternate jurors shall be drawn from the same source, and in the same manner, and have the same qualifications, as the jurors already sworn, and shall be subject to the same examination and challenges. However, each side, or each defendant, side in a civil case, as provided in Section 231, shall be entitled to as many peremptory challenges to the alternate jurors as there are alternate jurors called.

The

(c) The alternate jurors shall be seated so as to have equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and shall, unless excused by the court, attend at all times upon the trial of the cause in company with the other jurors, but shall not participate in deliberation unless ordered by the court, and for a failure to do so are liable to be punished for contempt.

They

(d) The alternate jurors shall obey the orders of and be bound by the admonition of the court, upon each adjournment of the court; but if the regular jurors are ordered to be kept in the custody of the sheriff or marshal during the trial of the cause, the alternate jurors shall also be kept in confinement with the other jurors; and upon final submission of the case to the jury, the alternate jurors shall be kept in the custody of the sheriff or marshal who shall not suffer any communication to be made to them except by order of the court, and shall not be discharged until the original jurors are discharged, except as provided in this section.

If

(e) If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his or her their duty, or if a juror requests a discharge and good cause appears therefor, the court may order the juror to be discharged and draw the name of an alternate, who shall then take his or her their place in the jury box, and be subject to the same rules and regulations as though he or she they had been selected as one of the original jurors.

All

(f) All laws relative to fees, expenses, and mileage or transportation of jurors shall be applicable to alternate jurors, except that in civil cases the sums for fees and mileage or transportation need not be deposited until the judge directs alternate jurors to be impaneled.

SEC. 8.

 Section 1089 of the Penal Code is amended to read:

1089.
 (a) Whenever, in the opinion of a judge of a superior court about to try a defendant against whom has been filed any indictment or information or complaint, the trial is likely to be a protracted one, the court may cause an entry to that effect to be made in the minutes of the court, and thereupon, immediately after the jury is impaneled and sworn, the court may direct the calling of one or more additional jurors, in its discretion, to be known as “alternate jurors.”

The

(b) The alternate jurors juror must shall be drawn from the same source, and in the same manner, and have the same qualifications as the jurors already sworn, and be subject to the same examination and challenges, provided that the prosecution and the defendant shall each be entitled to as many peremptory challenges to the alternate jurors as there are alternate jurors called. When two or more defendants are tried jointly each defendant shall be entitled to as many peremptory challenges to the alternate jurors as there are alternate jurors called. The prosecution shall be entitled to additional peremptory challenges equal to the number of all the additional separate challenges allowed the defendant or defendants to the alternate jurors. challenges.

The

(c) The alternate jurors shall be seated so as to have equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and must attend at all times upon the trial of the cause in company with the other jurors, and for a failure so to do are liable to be punished for contempt.

They

(d) The alternate jurors shall obey the orders of and be bound by the admonition of the court, upon each adjournment of the court; but if the regular jurors are ordered to be kept in the custody of the sheriff or marshal during the trial of the cause, the alternate jurors shall also be kept in confinement with the other jurors; and upon final submission of the case to the jury the alternate jurors shall be kept in the custody of the sheriff or marshal and shall not be discharged until the original jurors are discharged, except as hereinafter provided.

If

(e) If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his or her their duty, or if a juror requests a discharge and good cause appears therefor, the court may order the juror to be discharged and draw the name of an alternate, who shall then take a place in the jury box, and be subject to the same rules and regulations as though the alternate juror had been selected as one of the original jurors.

SECTION 1.

It is the intent of the Legislature to reform peremptory challenges.