Criminal procedure: discrimination.

Senator Caballero centers a measure that would shield public safety officers from punitive actions or promotion denials that are grounded in court findings arising from challenges under the California Racial Justice Act of 2020, weaving the author’s policy aim into a framework that keeps civil rights findings separate from personnel decisions. The core change seeks to ensure that administrative discipline for officers is not triggered solely by such judicial findings, while permitting consideration of the underlying acts or omissions if those actions otherwise comply with due process and the applicable rules.

The bill establishes a new constraint on public agencies: punitive action, denial of promotion on grounds other than merit, or related personnel actions may not be taken against a public safety officer on the basis of a court finding in a racial justice act proceeding. It also bars the use of those court findings for purposes in any administrative appeal of a punitive action. Additionally, when a defendant is represented and a claim under the racial justice act is advanced in a habeas corpus proceeding or related petition, the defendant’s counsel must serve a copy of the motion on the law enforcement agency employing the officer involved. The measure contemplates that any related changes proposed in a companion reform bill would be operative only if both measures pass and this measure is enacted after that companion bill.

In parallel, the bill proposes amendments to criminal procedure provisions to restructure how race-based claims are evaluated and remedied. It would prohibit the state from seeking a conviction or sentence on the basis of race, ethnicity, or national origin, with grounds for a violation enumerated to include judicial or prosecutorial bias and racially discriminatory language or conduct during proceedings, and it would require a preponderance of the evidence to establish such violations. The framework permits motions, habeas petitions, and related relief, including discovery and evidentiary procedures, and sets out remedies that may be imposed if a violation is found, before or after judgment, with a focus on preserving the integrity of the proceedings and the defendant’s rights. Definitions and thresholds—such as what constitutes “more frequently sought or obtained” and how “prima facie” is demonstrated—are laid out to guide hearings and findings, and the law’s scope includes the state’s various prosecutorial offices as potential participants in the proceedings.

The bill also advances changes to postconviction relief and habeas mechanisms, clarifying when and how petitions may be filed, how evidence is evaluated, and how counsel is appointed or remitted in the retrial context. It links the broader racial justice framework to officer certification and discipline by addressing decertification criteria and related investigations, while noting that any such amendments to certification and discipline would operate only under the concurrent enactment and sequencing of companion reform legislation. Together, the provisions aim to delineate the boundaries between judicial findings of racial justice concerns and administrative disciplinary processes, and to specify procedural safeguards for affected parties within California’s criminal-justice and public-safety apparatus.