The bill proposes amendments to title 21, chapter 3, article 2 of the Arizona Revised Statutes by adding section 21-316, which pertains to the formation of juries in criminal actions. It reinstates peremptory challenges, allowing each party a specified number of challenges without cause: six if the offense is punishable by death, four for non-capital offenses tried in Superior Court, and one for cases in limited jurisdiction courts. Additionally, the bill requires parties exercising a peremptory challenge to avow that the challenge is not based on race, color, religion, sex, age, national origin, or disability, and the court must accept or reject this avowal.

The bill also includes legislative findings and intentions, acknowledging the historical importance of peremptory challenges as stated in "State v. Thompson" and noting their codification for court martials in 1989. It references the Arizona Supreme Court's elimination of peremptory challenges in 2021, which allegedly led to an increase in hung juries and additional costs for the state and criminal justice system. The legislature intends to restore a limited number of peremptory strikes to uphold the constitutional right to a fair and impartial jury, while retaining protections against discrimination as established in "Batson v. Kentucky" and requiring the aforementioned avowal and finding without the need for a Batson challenge.

Statutes affected:
Introduced Version: 21-316