REFERENCE TITLE: peremptory challenges; criminal actions

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

HB 2887

Introduced by

Representatives Heap: Biasiucci, Parker J

An Act

amending title 21, chapter 3, article 2, Arizona Revised Statutes, by adding section 21-316; relating to formation of juries.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 21, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 21-316, to read:

START_STATUTE21-316. Peremptory challenges in criminal actions; avowal; judicial determination

A. IN A CRIMINAL ACTION, UNLESS THE PARTIES AGREE TO FEWER CHALLENGES, EACH PARTY IS ENTITLED TO THE FOLLOWING PEREMPTORY CHALLENGES:

1. IF THE OFFENSE CHARGED IS PUNISHABLE BY DEATH, SIX.

2. IF THE OFFENSE CHARGED IS NOT PUNISHABLE BY DEATH AND THE CASE IS TRIED IN:

(a) THE SUPERIOR COURT, FOUR.

(b) A LIMITED JURISDICTION COURT, ONE.

b. IF A PARTY EXERCISES A PEREMPTORY CHALLENGE, THE COURT, before DISMISSING THE JUROR, shall REQUIRE THE PARTY TO AVOW THAT THE PEREMPTORY CHALLENGE WAS NOT BASED ON THE INDIVIDUAL'S RACE, COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN OR DISABILITY. THE COURT SHALL ACCEPT OR REJECT THE PARTY'S AVOWAL AND MAY CONSIDER ANY RELEVANT EVIDENCE IN MAKING THIS DETERMINATION. IF THE COURT REJECTS THE PARTY'S AVOWAL, THE JUROR SHALL BE REINSTATED TO THE PROSPECTIVE PANEL UNLESS DISMISSED FOR OTHER REASONS. END_STATUTE

Sec. 2. Legislative findings

A. The legislature finds and declares the following:

1. The Arizona supreme court accurately stated in State v. Thompson, 68 Ariz. 386 (1949), that peremptory challenges involve a "substantial rather than a mere procedural or technical right and should be fully enforced as an aid in securing an impartial jury."

2. Consistent with the Arizona supreme court's statement in Thompson, in 1989, the Arizona Legislature codified the right to a peremptory challenge in section 26-1041, Arizona Revised Statutes, for parties in a court martial.

3. The Arizona supreme court's elimination of peremptory challenges in jury selection in criminal trials on August 30, 2021 through rule petition no. R-21-0020 has resulted in an increase of hung juries in criminal cases throughout Arizona and caused the state and the criminal justice system to incur unjustified and substantial costs.

B. Based on the findings in subsection A of this section, the legislature intends to restore a limited number of peremptory strikes in criminal actions to facilitate a defendant's constitutional right to a fair and impartial jury, retain the protections of Batson v. Kentucky, 476 U.S. 79 (1986), and require the avowal and finding prescribed by section 21-316, Arizona Revised Statutes, as added by this act, without regard to whether a Batson challenge has been raised.