Criminal procedure: discrimination.
Summary
Existing law prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin. Existing law authorizes a defendant to file a motion in the trial court or, if judgment has been imposed, to file a petition for writ of habeas corpus to allege a violation of this prohibition. This bill would additionally authorize a defendant in specified circumstances to raise a claim alleging a violation of this prohibition on direct appeal from the conviction or sentence. The bill would authorize the defendant to move to stay the appeal and request remand to the superior court to file a motion.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2023
Committee Review
Jun 2023
Assembly Passage
Apr 2023
Senate Passage
Sep 2023
Signed into Law
Oct 2023
Introduced Feb 15, 2023
Signed Oct 8, 2023
Floor votes · Senate Sep 5, 2023 · Assembly Apr 10, 2023
How they voted
37–0
Passed · 3 other
Total votes 40
Sep 5, 2023
D
Democratic31
96% Yea
R
Republican9
77% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
19
Key actions
7
Committee
6
Amendments
4
Oct 8, 2023
Signed into law
Approved by the Governor.
legislature
Sep 7, 2023
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 3028.).
lower
Sep 5, 2023
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.
lower
Sep 5, 2023
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2350.).
upper
Jun 6, 2023
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 0.) (June 6).
upper
May 18, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S.
upper
May 3, 2023
Committee
Referred to Com. on PUB S.
upper
Apr 10, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 1079.)
lower
Mar 28, 2023
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 8. Noes 0.) (March 28).
lower
Mar 16, 2023
Committee
Re-referred to Com. on PUB. S.
lower
Mar 15, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 2, 2023
Committee
Referred to Com. on PUB. S.
lower
Feb 16, 2023
Lower · Passed
From printer. May be heard in committee March 18.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ash Kalra
DDemocratic
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