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CA AB256
Bill
AI Summary
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Expands the California Racial Justice Act of 2020 to apply retroactively to cases where judgment became final before January 1, 2021, with staggered implementation dates from January 1, 2023 through January 1, 2026 depending on case circumstances.
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Allows petitions alleging racial discrimination in convictions or sentences to be filed for juvenile dispositions resulting in commitment to the Division of Juvenile Justice, and requires judges to disqualify themselves if the motion is based on their own conduct or statements.
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Permits courts to consider nonstatistical evidence in addition to statistical data when determining if a significant difference in charges, convictions, or sentences exists based on race, ethnicity, or national origin, and requires courts to consider systemic and institutional racial bias in their analysis.
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Modifies disclosure requirements so courts must order release of evidence related to potential racial discrimination violations upon showing of good cause, unless statutory privileges or constitutional privacy rights cannot be adequately protected by redaction or protective orders.
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Clarifies that judges shall disqualify themselves from proceedings when motions are based on judicial conduct or statements, and amends habeas corpus provisions to incorporate changes proposed by Senate Bill 467 if both bills are enacted together.
Legislative Description
Criminal procedure: discrimination.
Last Action
Chaptered by Secretary of State - Chapter 739, Statutes of 2022.
9/29/2022