Criminal procedure: discrimination.

Assembly Member Kalra's legislation revises California's Racial Justice Act procedures to address racial discrimination in criminal proceedings through multiple new pathways for defendants to challenge convictions and sentences. The bill modifies how defendants may pursue relief when alleging that race, ethnicity, or national origin improperly influenced their case.

The legislation establishes distinct procedures for defendants at different stages of criminal proceedings. Defendants with pending cases may file motions in trial court, while those with imposed but not final sentences can pursue relief in courts of competent jurisdiction. Currently incarcerated individuals whose sentences are final may file petitions under new habeas corpus provisions, and those no longer incarcerated may seek relief through specified post-conviction motions.

Under the revised framework, courts must appoint counsel for indigent post-conviction petitioners who request representation. The bill mandates broad discovery access for developing discrimination claims and sets specific standards for establishing violations. A defendant must prove by a preponderance of evidence that judicial officers, attorneys, law enforcement, expert witnesses, or jurors exhibited bias, used discriminatory language, or that charging and sentencing patterns show racial disparities.

The legislation creates a structured remedial system based on the type and timing of violations. For pre-judgment violations, available remedies include declaring mistrials, dismissing enhancements, reducing charges, or ordering other constitutional relief. Post-judgment remedies range from vacating convictions to modifying sentences. The bill categorically prohibits death sentences in cases with proven violations while requiring additional remedies proportionate to the discrimination found.

Implementation follows a phased timeline, with provisions applying first to death penalty and immigration consequence cases in 2023, expanding to current prisoners in 2024, and reaching all eligible cases by 2026. The bill maintains existing procedures while adding new protections and clarifying standards for courts reviewing discrimination claims.