Title: Prohibits Racial Discrimination in Criminal Courts
Signed by Governor Gavin Newsom
Title: Prohibits Racial Discrimination in Criminal Courts
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.
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).
Title: Prohibits Racial Discrimination in Criminal Courts
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.
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).
Title: Prohibits Racial Discrimination in Criminal Courts
Title: Prohibits Racial Discrimination in Criminal Courts