(a) A party shall not use a peremptory challenge to remove a prospective juror on the basis of the prospective jurorâs race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or the perceived membership of the prospective juror in any of those groups. (b) A party, or the trial court on its own motion, may object to the improper use of a peremptory challenge under subdivision (a). After the objection is made, any further discussion shall be conducted outside the presence of the panel. The objection shall be made before the jury is impaneled, unless information becomes known that could not have reasonably been known before the jury was impaneled. (c) Notwithstanding Section 226, upon objection to the exercise of a peremptory challenge pursuant to this section, the party exercising the peremptory challenge shall state the reasons the peremptory challenge has been exercised. (d) (1) The court shall evaluate the reasons given to justify the peremptory challenge in light of the totality of the circumstances. The court shall consider only the reasons actually given and shall not speculate on, or assume the existence of, other possible justifications for the use of the peremptory challenge. If the court determines there is a substantial likelihood that an objectively reasonable person would view race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, as a factor in the use of the peremptory challenge, then the objection shall be sustained. The court need not find purposeful discrimination to sustain the objection. The court shall explain the reasons for its ruling on the record. A motion brought under this section shall also be deemed a sufficient presentation of claims asserting the discriminatory exclusion of jurors in violation of the United States and California Constitutions. (2) (A) For purposes of this section, an objectively reasonable person is aware that unconscious bias, in addition to purposeful discrimination, have resulted in the unfair exclusion of potential jurors in the State of California. (B) For purposes of this section, a âsubstantial likelihoodâ means more than a mere possibility but less than a standard of more likely than not. (C) For purposes of this section, âunconscious biasâ includes implicit and institutional biases. (3) In making its determination, the circumstances the court may consider include, but are not limited to, any of the following: (A) Whether any of the following circumstances exist: (i) The objecting party is a member of the same perceived cognizable group as the challenged juror. (ii) The alleged victim is not a member of that perceived cognizable group. (iii) Witnesses or the parties are not members of that perceived cognizable group. (B) Whether race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, bear on the facts of the case to be tried. (C) The number and types of questions posed to the prospective juror, including, but not limited to, any of the following: (i) Consideration of whether the party exercising the peremptory challenge failed to question the prospective juror about the concerns later stated by the party as the reason for the peremptory challenge pursuant to subdivision (c). (ii) Whether the party exercising the peremptory challenge engaged in cursory questioning of the challenged potential juror. (iii) Whether the party exercising the peremptory challenge asked different questions of the potential juror against whom the peremptory challenge was used in contrast to questions asked of other jurors from different perceived cognizable groups about the same topic or whether the party phrased those questions differently. (D) Whether other prospective jurors, who are not members of the same cognizable group as the challenged prosp
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