FELONY CONVICTION NO LONGER A BAR TO JURY SERVICE New Criminal Law of 2020

The California State Legislature made a number of changes last term that impacts how we practice criminal law in California.

 

FELONY CONVICTION NO LONGER A BAR TO JURY SERVICE

 

• Senate Bill 310 modified Code of Civil Procedure Section 203.
• Under the previous rule, If you have been convicted of a felony or malfeasance in office and have not had your civil rights restored, you cannot serve as a juror.
• Under the new rule, a felony conviction is no longer an automatic disqualification for jury service.
  • Exceptions:
    • Persons who have been convicted of a felony and are currently on parole, post-release community supervision, felony probation, or mandated supervision for the conviction of a felony.
    • Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction
  • Among the historical justifications for excluding felons from jury service are the belief that these individuals lack character and harbor an inherent bias, both against the government and in favor of the defendant.
  • Essentially, the new law provides for a far better cross section of the population of the area served by the court.