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CA SB1331

Bill

Status

Introduced

2/19/2010

Primary Sponsor

Gilbert Cedillo

Click for details

Origin

Senate

2009-2010 Session

AI Summary

  • Prohibits execution of any person if the court finds that race was a significant factor in seeking or imposing the death penalty

  • Allows defendants to establish racial bias through statistical evidence showing death sentences were sought or imposed more frequently based on race, victim's race, or in jury selection through peremptory challenges

  • Permits defendants to raise claims in pretrial motions or postconviction proceedings, with the defendant bearing the burden of proof by preponderance of the evidence

  • Requires courts to vacate death sentences and impose life imprisonment without parole if racial bias is found, or prohibit seeking the death penalty if found before trial

  • Applies retroactively to all death sentences, with motions from pre-2011 cases due by December 31, 2013 (or within three years of counsel appointment if appointed after January 1, 2011)

Legislative Description

California Racial Justice Act: death penalty.

Last Action

Held in committee and under submission.

5/27/2010

Committee Referrals

Appropriations4/13/2010
Public Safety3/4/2010
Rules2/19/2010

Full Bill Text

No bill text available