Criminal procedure: discrimination.

Assembly Member Kalra's legislation expands California's Racial Justice Act by establishing clearer procedures for defendants to challenge convictions and sentences obtained through racial discrimination. The bill revises how courts evaluate claims that race, ethnicity, or national origin improperly influenced criminal proceedings.

The legislation creates additional pathways for defendants to pursue relief, including a new petition process for those whose judgments are not yet final or who are currently incarcerated. Courts must appoint counsel for indigent petitioners and grant access to evidence needed to develop racial justice claims. The bill also defines specific criteria for establishing violations, such as documented bias by judges, attorneys, law enforcement officers, or jurors, and the use of racially discriminatory language during proceedings.

When violations are found, courts must implement remedies proportional to the discrimination. Pre-judgment remedies include declaring mistrials, vacating convictions, or ordering new trials. Post-judgment options range from modifying sentences to vacating convictions entirely. The bill prohibits death sentences in cases where racial justice violations occurred. These provisions apply immediately to death penalty cases and those with immigration consequences, with a phased implementation for other cases through 2026.

The legislation aligns court practices with the original intent of the Racial Justice Act by detailing how statistical evidence may demonstrate discriminatory patterns in charging and sentencing. It establishes procedures for courts to evaluate both individual instances of bias and broader systemic disparities in the criminal justice system.