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CA AB2542
Bill
AI Summary
AB 2542 - California Racial Justice Act of 2020
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Prohibits the state from seeking or obtaining criminal convictions or sentences on the basis of race, ethnicity, or national origin, with violations established by preponderance of evidence if bias/animus is exhibited by judges, attorneys, law enforcement, experts, or jurors.
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Allows defendants to file motions or habeas corpus petitions alleging racial discrimination violations and requires courts to hold evidentiary hearings upon prima facie showing, with defendants able to present statistical evidence, expert testimony, and aggregate data.
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Permits defendants to request disclosure of all evidence relevant to potential racial discrimination violations in the prosecution's possession, with courts ordered to release records upon showing of good cause if not privileged.
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Establishes remedies for proven violations including declaring mistrial, discharging jury panel, reducing charges, or vacating convictions and sentences with prohibition on imposing sentences greater than those previously imposed.
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Applies prospectively only to cases where judgment has not been entered before January 1, 2021, and extends protections to the juvenile delinquency system.
Legislative Description
Criminal procedure: discrimination.
Last Action
Chaptered by Secretary of State - Chapter 317, Statutes of 2020.
9/30/2020