PRINTER'S NO. 3942
No. 2633 Session of 2008
INTRODUCED BY JAMES, DeWEESE, McCALL, WATERS, WILLIAMS, KIRKLAND
AND WALKO, JUNE 13, 2008
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 13, 2008
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 § 4521.2. 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
18 the same race as the defendant or victim; and
1 (3) all but three jurors have been selected.
2 (b) All but two jurors selected.--An attorney representing a
3 defendant or a prosecuting attorney in a criminal case may
4 insist that there be a juror of the same race as the defendant
5 or victim if:
6 (1) the defendant or the victim is a member of a racial
7 category representing one-sixth or more, but less than one-
8 fourth of the population of the judicial district, as
9 determined by the most recently available United States
10 Census figures;
11 (2) there is no member of the jury who is a member of
12 the same race as the defendant or victim; and
13 (3) all but two jurors have been selected.
14 (c) All but one juror selected.--An attorney representing a
15 defendant or a prosecuting attorney in a criminal case may
16 insist that there be a juror of the same race as the defendant
17 or victim if:
18 (1) the defendant or the victim is a member of a racial
19 category representing one-twelfth or more, but less than one-
20 sixth of the population of the judicial district, as
21 determined by the most recently available United States
22 Census figures;
23 (2) there is no member of the jury who is a member of
24 the same race as the defendant or victim; and
25 (3) all but one juror has been selected.
26 (d) Any racial minority.--An attorney representing a
27 defendant or a prosecuting attorney in a criminal case may
28 insist there be a juror who is a member of a racial minority if:
29 (1) the defendant or the victim is a member of a racial
30 category representing less than one-twelfth of the population
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1 of the judicial district, as determined by the most recently
2 available United States Census figures;
3 (2) there is no member of the jury who is a member of
4 any racial minority; and
5 (3) all but one juror has been selected.
6 (e) Conflicting petitions.--In the event of multiple
7 conflicting petitions, the judge shall remove jurors, at the
8 judge's discretion, to achieve the required jury composition
9 under this section.
10 (f) Change of venue.--A motion for a change of venue may be
11 granted if the judge determines that it is unlikely that a jury
12 can be impaneled in a timely manner.
13 Section 2. This act shall take effect in 60 days.
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