Bill

Bill > AB1071


CA AB1071

Criminal procedure: discrimination.


summary

Introduced
02/20/2025
In Committee
05/28/2025
Crossed Over
05/19/2025
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

An act to amend Sections 745 and 1473 of, and to add Section 1473.2 to, the Penal Code, relating to criminal procedure.

AI Summary

This bill amends California law to clarify and strengthen the California Racial Justice Act (RJA), which prohibits seeking, obtaining, or imposing criminal convictions or sentences based on race, ethnicity, or national origin. The bill provides more detailed procedures for defendants to challenge potential racial discrimination in criminal proceedings, including expanded ways to file motions or petitions alleging racial bias at various stages of legal proceedings. Key provisions include lowering the threshold for establishing a prima facie case of racial discrimination, requiring courts to consider systemic and institutional racial bias, and mandating more comprehensive remedies when violations are found. The bill emphasizes that racial bias can manifest in subtle ways, such as discriminatory language, charging practices, or sentencing disparities, and instructs courts to take a broader view of racial discrimination beyond only the most extreme examples. The legislation aims to provide multiple pathways for defendants to challenge racially biased prosecutions, including allowing petitions for those currently incarcerated, those with final judgments, and those facing potential immigration consequences. Importantly, the bill categorically prohibits the death penalty in cases where an RJA violation is found and requires courts to impose remedies that fully address racial bias in the criminal justice system.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred to Coms. on PUB. S. and APPR. (on 05/28/2025)

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