Bill

Bill > SB2363


MS SB2363

MS SB2363
Juries; prohibit peremptory challenges based on certain factors.


summary

Introduced
01/19/2026
In Committee
01/19/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

An Act To Prohibit 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; To Authorize A Party, Or The Trial Court On Its Own Motion, To Object To The Use Of A Peremptory Challenge Based On These Criteria; To Require The Party Exercising The Challenge, Upon Objection, To State The Reasons The Peremptory Challenge Has Been Exercised; To Require The Court To Evaluate The Reasons Given And, If The Court Grants The Objection, Authorize 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; To Provide For A De Novo Standard Of Review By An Appellate Court Reviewing The Denial Of An Objection; To Provide That The Act Applies To Criminal Jury Trials In Which Jury Selection Begins On Or After January 1, 2027; To Provide That The Act Applies To Civil Jury Trials In Which Jury Selection Begins On Or After January 1, 2029; And For Related Purposes.

AI Summary

This bill aims to prevent lawyers from using "peremptory challenges" – a limited number of times a lawyer can remove a potential juror without stating a specific reason – to exclude jurors based on their race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or if they are perceived to be part of any of these groups. If an objection is raised against such a challenge, the lawyer must then provide a valid reason for removing the juror. The court will then decide if the reason is legitimate, considering the overall circumstances and acknowledging that unconscious bias can also play a role. If the court finds the objection valid, it can take actions such as starting the jury selection process over, declaring a mistrial, seating the challenged juror, or implementing another appropriate remedy. The bill also specifies that appellate courts will review these decisions thoroughly, and it will apply to criminal jury trials starting January 1, 2027, and civil jury trials starting January 1, 2029.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

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