CA AB1118

Allows defendants to raise claims of racial, ethnic, or national origin discrimination on direct appeal from conviction or sentence, in addition to existing trial court motion and habeas corpus remedies.

Establishes four grounds for violation: bias or animus by judge, attorney, law enforcement, expert witness, or juror; use of racially discriminatory language during trial; charging or conviction of more serious offenses than similarly situated defendants of other races; or imposition of longer or more severe sentences based on racial disparities.

Requires defendant to prove violation by preponderance of evidence; does not require proof of intentional discrimination and allows use of statistical evidence, aggregate data, expert testimony, and other evidence at hearings.

Mandates remedies upon finding of violation, including declaring mistrial, discharging jury panel, dismissing charges or enhancements (before judgment), or vacating conviction and sentence or imposing new sentence (after judgment); defendant becomes ineligible for death penalty if violation found.

Applies to all cases where judgment is not final, with expanded retroactive application beginning January 1, 2023 through 2026 depending on case type and sentence status.