California Legislature OKs SB 310, ‘The Right to a Jury of Your Peers’

The California Legislature today approved Senate Bill 310, also known as “The Right to a Jury of Your Peers,” by state Sen. Nancy Skinner, D-Berkeley. SB 310 allows people with a prior felony conviction to serve on juries in California for the first time.

“SB 310 will ensure that Californians can be tried by a true jury of their peers,” Sen. Skinner said. “Currently, 30% of African-American men living in California are denied the basic civil right to serve on a jury. SB 310 will right that wrong.”

The state Assembly approved SB 310 on a 47-26 vote, and the Senate gave its final OK on a 29-10 vote. The bill now goes to Gov. Gavin Newsom for consideration.

Juries are the backbone of our justice system — the concept that people can have their cases heard by their peers — is a primary source of our justice system’s legitimacy. But current California law excludes from jury service people who may have had a graffiti conviction when they were 18 or a marijuana conviction from high school. 

Over 20 states allow people with prior felony convictions to serve on a jury. Colorado, Illinois, Maine, and Oregon allow people to serve without restrictions. Under SB 310, a person with a prior felony conviction will be eligible to serve on a jury, unless the person is on parole or probation, or a registered sex offender for a felony conviction. With this change to California’s current law, only Arkansas, Georgia, Kentucky, and Oklahoma will still have lifetime bans for people with felony convictions from ever serving on a jury.

SB 310 does not interfere with the right of prosecutors, public defenders, and judges to reject jurors based on their assessment of suitability. It also does not prohibit the use of a preemptory challenge to remove a prospective juror from the jury pool.

“It’s time for California to join with other forward-thinking states and allow people with prior felony convictions to serve on juries,” Skinner added. “A former conviction should not alone forfeit a person’s right to engage in the fair and public deliberations at the heart of our judicial process.”

Sen. Nancy Skinner represents the 9th Senate District. She is also chair of the Senate Public Safety Committee and the Public Safety Budget Committee.