SB 22-128

Senate Bill 22-128, which has now been signed into law in Colorado, aims to reduce racial and ethnic bias during jury selection by limiting the use of peremptory challenges. These challenges allow attorneys to dismiss potential jurors without giving a reason, but this bill makes it possible for courts or opposing lawyers to object if they suspect these dismissals are based on biases related to race or ethnicity. The law specifies certain factors that could indicate such bias, like having prior contact with police or living in specific neighborhoods. This means that judges will have to review cases where peremptory challenges might be discriminatory more closely. Overall, the bill affects how criminal trials choose juries and aims to make jury selection fairer for all participants.

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