Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits racial discrimination in criminal courts and authorizes persons convicted of a crime to challenge a decision based on evidence of racial, ethnic, or national-origin bias.

Highlights:

• Prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin (Sec 3).

• Specifies that a violation is established if a defendant proves that (Sec 3):

• The judge, an attorney in the case, a law enforcement officer involved with the case, an expert witness, or a juror exhibited a racial bias towards the defendant or used racially discriminatory language about the defendant’s race, ethnicity, or national origin;

• Race, ethnicity, or national origin was a factor in the exercise of peremptory challenges;

• The defendant was charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins in similar criminal situations;

• A longer or more severe sentence was imposed on the defendant than on other similarly situated individuals of a different race, ethnicity, or national origin convicted of the same offense.

• Authorizes the defendant to file a writ of habeas corpus on the basis of discrimination (Sec 3).

• Requires the trial court to hold a hearing if the defendant produces facts that establish a substantial likelihood of a violation of the discrimination prohibitions (Sec 3).

• Specifies that the defendant has the burden of proving a violation (Sec 3).

• Authorizes the court to impose a remedy specific to the violation of the prohibitions (Sec 3).

• Authorizes the court to reseat a juror; declare a mistrial; discharge the jury panel and empanel a new jury; dismiss enhancements, special circumstances, or special allegations; or reduce one or more charges if a violation was determined before a judgement was entered (Sec 3).

• Authorizes the court to vacate a conviction and sentence, find that it was legally invalid, and order new proceedings if a violation was determined after a judgement was entered (Sec 3).

• Authorizes the court to vacate a sentence, find that it was legally invalid, and impose a new sentence if a violation was determined after a judgement was entered (Sec 3).

• Authorizes the court to rectify a violation of a defendant being charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins in similar criminal situations if a violation was determined after a judgment was entered by (Sec 3):

• Modifying the judgement;

• Vacating the conviction and sentence;

• Finding a conviction legally invalid; and 

• Modifying the judgement to impose an appropriate remedy for a violation that cannot be greater than the sentence previously imposed.

• Specifies that a defendant is not eligible for the death penalty if they were discriminated against on the basis of race, ethnicity, or national origin (Sec 3).

• Specifies that these provisions are applicable to adjudications and dispositions in the juvenile delinquency system (Sec 3).

• Authorizes a person unlawfully imprisoned or restrained to prosecute a writ of habeas corpus after a judgment has been entered based on evidence that a criminal conviction or sentence was sought, obtained, or imposed on the basis of racial discrimination against the defendant (Sec 4).

• Authorizes a person no longer in criminal custody to file a motion to vacate a conviction or sentence that was  sought, obtained, or imposed on the basis of race, ethnicity, or national origin (Sec 5).

• Specifies that provisions apply prospectively to cases in which judgment has not been entered prior to January 1, 2021 (Sec 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits racial discrimination in criminal courts and authorizes persons convicted of a crime to challenge a decision based on evidence of racial, ethnic, or national-origin bias.

Highlights:

• Prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin (Sec 3).

• Specifies that a violation is established if a defendant proves that (Sec 3):

• The judge, an attorney in the case, a law enforcement officer involved with the case, an expert witness, or a juror exhibited a racial bias towards the defendant or used racially discriminatory language about the defendant’s race, ethnicity, or national origin;

• Race, ethnicity, or national origin was a factor in the exercise of peremptory challenges;

• The defendant was charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins in similar criminal situations;

• A longer or more severe sentence was imposed on the defendant than on other similarly situated individuals of a different race, ethnicity, or national origin convicted of the same offense.

• Authorizes the defendant to file a writ of habeas corpus on the basis of discrimination (Sec 3).

• Requires the trial court to hold a hearing if the defendant produces facts that establish a substantial likelihood of a violation of the discrimination prohibitions (Sec 3).

• Specifies that the defendant has the burden of proving a violation (Sec 3).

• Authorizes the court to impose a remedy specific to the violation of the prohibitions (Sec 3).

• Authorizes the court to reseat a juror; declare a mistrial; discharge the jury panel and empanel a new jury; dismiss enhancements, special circumstances, or special allegations; or reduce one or more charges if a violation was determined before a judgement was entered (Sec 3).

• Authorizes the court to vacate a conviction and sentence, find that it was legally invalid, and order new proceedings if a violation was determined after a judgement was entered (Sec 3).

• Authorizes the court to vacate a sentence, find that it was legally invalid, and impose a new sentence if a violation was determined after a judgement was entered (Sec 3).

• Authorizes the court to rectify a violation of a defendant being charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins in similar criminal situations if a violation was determined after a judgment was entered by (Sec 3):

• Modifying the judgement;

• Vacating the conviction and sentence;

• Finding a conviction legally invalid; and 

• Modifying the judgement to impose an appropriate remedy for a violation that cannot be greater than the sentence previously imposed.

• Specifies that a defendant is not eligible for the death penalty if they were discriminated against on the basis of race, ethnicity, or national origin (Sec 3).

• Specifies that these provisions are applicable to adjudications and dispositions in the juvenile delinquency system (Sec 3).

• Authorizes a person unlawfully imprisoned or restrained to prosecute a writ of habeas corpus after a judgment has been entered based on evidence that a criminal conviction or sentence was sought, obtained, or imposed on the basis of racial discrimination against the defendant (Sec 4).

• Authorizes a person no longer in criminal custody to file a motion to vacate a conviction or sentence that was  sought, obtained, or imposed on the basis of race, ethnicity, or national origin (Sec 5).

• Specifies that provisions apply prospectively to cases in which judgment has not been entered prior to January 1, 2021 (Sec 3).

Full Bill Text