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Bill Detail: SB22-128

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Title Implicit Bias In Jury Selection
Status Senate Committee on Judiciary Postpone Indefinitely (03/10/2022)
Bill Subjects
  • Courts & Judicial
House Sponsors S. Woodrow (D)
J. Bacon (D)
Senate Sponsors P. Lee (D)
J. Gonzales (D)
House Committee
Senate Committee Judiciary
Date Introduced 02/09/2022
Summary

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.

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