Criminal procedure: discrimination.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Failed
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill aims to address racial disparities in California’s criminal justice system by amending existing law to allow defendants to challenge convictions and sentences based on evidence of discrimination. Specifically, it shifts the focus of comparisons to similarly situated individuals and expands the scope of review to include plea negotiations and diversion programs. The bill also clarifies procedures for motions alleging violations and seeks to improve access to data needed to investigate these claims, while reaffirming the legislature’s commitment to eradicating racial bias within the system.
Key provisions
- Compares defendants to similarly situated individuals for disparity claims.
- Expands the scope of the Racial Justice Act (RJA) to include plea negotiations and diversion.
- Authorizes defendants to request previously disclosed data from other criminal cases.
- Clarifies procedures for motions alleging racial discrimination.
- Revises definitions related to racial discrimination and disparity.
- Requires prosecutors to offer race-neutral reasons for disparities.
- Allows for remedies such as mistrials, sentence reductions, or vacating convictions.
- Establishes a timeline for applying the bill to various cases, starting with those sentenced before 2021.
Who is affected
- Defendants in criminal cases
- Prosecutors
- Defense attorneys
- Judges
- The criminal justice system as a whole
Bill text
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Sponsors
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1 on record
Primary sponsor
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