The bill, known as the Fair Trial Protection Act, amends section 2945.21 of the Revised Code to establish a process for challenging peremptory jury selections based on discriminatory reasons. Specifically, it prohibits parties from exercising peremptory challenges to remove prospective jurors based on their race, color, religion, sex, military status, national origin, disability, age, or ancestry. If a party objects to a peremptory challenge on these grounds, the court is required to demand a clear and neutral explanation from the party exercising the challenge. The court will then evaluate this explanation and may only allow the challenge if it finds that the reasons provided are unrelated to the juror's protected class status and that the party's interest in the challenge outweighs the need for a fair trial.

Additionally, the bill outlines the factors the court must consider when determining the validity of a peremptory challenge, including whether similarly situated jurors were also challenged and any patterns of discrimination. If a challenge is found to violate the new provisions, the court must deny the challenge and may take remedial actions, such as declaring a mistrial. The bill also stipulates that appeals regarding peremptory challenges will undergo heightened scrutiny to ensure the protection of the defendant's right to a fair trial. The existing section 2945.21 is repealed, and the new provisions are enacted to enhance the fairness of jury selection processes in Ohio.

Statutes affected:
As Introduced: 2945.21