Bill Text: NJ A1550 | 2018-2019 | Regular Session | Introduced

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Bill Title: Eliminates peremptory challenges in jury selection.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Judiciary Committee [A1550 Detail]

Download: New_Jersey-2018-A1550-Introduced.html

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ASSEMBLY, No. 1550

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 

 

Sponsored by:

Assemblyman  MICHAEL PATRICK CARROLL

District 25 (Morris and Somerset)

 

 

 

 

SYNOPSIS

     Eliminates peremptory challenges in jury selection.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

An Act concerning peremptory challenges and amending N.J.S.2B:23-10 and repealing N.J.S.2B:23-13.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    N.J.S.2B:23-10 is amended to read as follows:

     2B:23-10.  Examination of jurors.  a. In the discretion of the court, parties to any trial may question any person summoned as a juror after the name is drawn and before the swearing, and without the interposition of any challenge, to determine whether or not to interpose [a peremptory challenge or] a challenge for cause.  Such examination shall be permitted in order to disclose whether or not the juror is qualified, impartial and without interest in the result of the action.  The questioning shall be conducted in open court under the trial judge's supervision.

     b.    (Deleted by amendment, P.L.2007, c.204).

(cf: P.L.2007, c.204, s.4)

 

     2.    N.J.S.2B:23-13 is repealed.

 

     3.    This act shall take effect on the 60th day after enactment and shall apply to any civil action filed on or after the effective date and any criminal action for which an indictment is returned on or after the effective date.

    

 

STATEMENT

 

     This bill eliminates peremptory challenges in civil and criminal trials. The bill repeals N.J.S.2B:23-13 which is the statute setting forth the numbers of peremptory challenges.  Currently six peremptory challenges are permitted in civil matters and the numbers vary in criminal matters, possibly ranging from 20 peremptory challenges for the defendant and 12 for the State in certain matters to 10 each for the defendant and State.  The bill does not change the current law pertaining to challenges for cause.  The bill has a delayed effective date and would apply to any civil action filed on or after the effective date and any criminal action for which an indictment is returned on or after the effective date.