Bill > SB572

This bill establishes the Oregon Racial Justice Act, creating a comprehensive legal process for challenging criminal charges, convictions, and sentences that may have been influenced by racial bias. The bill allows defendants to file motions or petitions for post-conviction relief if they can prove, by a preponderance of the evidence, that their case was affected by racial discrimination. Potential grounds for challenge include demonstrating bias by judges, attorneys, law enforcement, expert witnesses, or jurors; showing discriminatory language or treatment; proving disproportionate charging or sentencing based on race; or establishing that defendants of certain racial groups receive more severe charges or sentences compared to similarly situated defendants of other races. The bill provides a detailed framework for how such claims can be brought, including specific hearing procedures, evidence standards, and potential remedies such as vacating convictions, modifying sentences, or ordering new trials. The legislation will be implemented in phases, beginning with cases not yet finalized and gradually expanding to include older cases, with the most comprehensive application starting January 1, 2030. Importantly, the bill allows defendants to aggregate data across racial groups and does not prevent prosecution of bias crimes, while also preserving other existing legal remedies.

Justice

https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/SB572