PRINTER'S NO. 929
No. 767 Session of 2005
INTRODUCED BY JAMES, WASHINGTON, WILLIAMS, CALTAGIRONE,
BLACKWELL, DeWEESE, FRANKEL, JOSEPHS, KIRKLAND, LEDERER,
OLIVER, PRESTON, READSHAW, STABACK, STETLER, TIGUE, WHEATLEY,
WATERS, YOUNGBLOOD, BEBKO-JONES, PISTELLA AND PALLONE,
MARCH 14, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 2005
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for jury
3 composition.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 4521.1 Jury composition.
9 (a) All but three jurors selected.--An attorney representing
10 a defendant or a prosecuting attorney in a criminal case may
11 insist there be at least three jurors of the same race as the
12 defendant or victim if:
13 (1) the defendant or the victim is a member of a racial
14 category representing one-fourth or more of the population of
15 the judicial district, as determined by the most recently
16 available United States Census figures;
17 (2) there is no member of the jury who is a member of
1 the same race as the defendant or victim; and
2 (3) all but three jurors have been selected.
3 (b) All but two jurors selected.--An attorney representing a
4 defendant or a prosecuting attorney in a criminal case may
5 insist that there be a juror of the same race as the defendant
6 or victim if:
7 (1) the defendant or the victim is a member of a racial
8 category representing one-sixth or more, but less than one-
9 fourth of the population of the judicial district, as
10 determined by the most recently available United States
11 Census figures;
12 (2) there is no member of the jury who is a member of
13 the same race as the defendant or victim; and
14 (3) all but two jurors have been selected.
15 (c) All but one juror selected.--An attorney representing a
16 defendant or a prosecuting attorney in a criminal case may
17 insist that there be a juror of the same race as the defendant
18 or victim if:
19 (1) the defendant or the victim is a member of a racial
20 category representing one-twelfth or more, but less than one-
21 sixth of the population of the judicial district, as
22 determined by the most recently available United States
23 Census figures;
24 (2) there is no member of the jury who is a member of
25 the same race as the defendant or victim; and
26 (3) all but one juror has been selected.
27 (d) Any racial minority.--An attorney representing a
28 defendant or a prosecuting attorney in a criminal case may
29 insist there be a juror who is a member of a racial minority if:
30 (1) the defendant or the victim is a member of a racial
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1 category representing less than one-twelfth of the population
2 of the judicial district, as determined by the most recently
3 available United States Census figures;
4 (2) there is no member of the jury who is a member of
5 any racial minority; and
6 (3) all but one juror has been selected.
7 (e) Conflicting petitions.--In the event of multiple
8 conflicting petitions, the judge shall remove jurors, at the
9 judge's discretion, to achieve the required jury composition
10 under this section.
11 (f) Change of venue.--A motion for a change of venue may be
12 granted if the judge determines that it is unlikely that a jury
13 can be impaneled in a timely manner.
14 Section 2. This act shall take effect in 60 days.
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