AB 1958 California Assembly · 2025-2026 Regular Session

Criminal procedure: discrimination.

Summary
Existing law prohibits the state from seeking or obtaining a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. Existing law allows a defendant to establish a violation of these provisions under specified circumstances, including when a longer or more severe sentence was imposed on the defendant than was imposed on other similarly situated individuals convicted of the same offense and other specified conditions are met. This bill would instead compare the defendant to similarly situated individuals who have engaged in similar conduct, as specified. The bill would make these provisions apply to disparities in plea negotiating and diversion, among other things. Existing law authorizes a defendant in these cases to file a motion requesting disclosure to the defense of all evidence relevant to a potential violation of these provisions, as specified. This bill would additionally authorize a defendant to request any data that has been previously disclosed pursuant to those provisions in another criminal case, and require the court to grant that request, unless the data has no relevance to the current charges. The bill would also revise and recast definitions for these provisions.
Bill status failed 2 of 4 stages cleared
Introduction
Feb 2026
Committee Review
May 2026
Assembly Failed
May 2026
Governor
Introduced Feb 13, 2026 Last action May 28, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

03/16/26 - Amended Assembly 03/25/26 - Amended Assembly · 6 edits · Mar 25, 2026
MODERATE
The March 25 amendment removes the bill's proposal to reduce the maximum misdemeanor fine from $1,000 to $500 (Section 19 of the Penal Code), narrowing the bill's scope to criminal procedure and racial discrimination only. It also broadens sentencing disparity claims under the Racial Justice Act by removing the requirement that comparison defendants be convicted of the same offense, allowing comparisons across different offenses based on similar conduct. Additional changes simplify definitions and clarify disclosure obligations.
SCOPE

The entire amendment to Section 19 of the Penal Code was deleted. The previous version would have reduced the maximum fine for misdemeanors with no specified punishment from $1,000 to $500. This provision is no longer part of the bill.

ELIGIBILITY

Section 745(a)(4)(A) and (B) no longer require that comparison individuals be 'convicted of the same offense.' Defendants can now compare their sentences to similarly situated individuals who engaged in similar conduct but were convicted of different offenses, significantly broadening the pool of comparisons available for RJA sentencing disparity claims.

DEFINITION

The definition of 'more frequently sought or obtained' or 'more frequently imposed' was simplified. It now focuses on comparing groups of individuals of different races who could have been similarly charged, convicted, or sentenced. The prior language requiring that 'the prosecution cannot establish race-neutral reasons for the disparity' was removed from this definition (that burden-shifting mechanism remains elsewhere in the statute).

A separate definition for 'relevant factors' as applied to sentencing (referring to California Rules of Court sentencing factors) was removed from subdivision (h).

REQUIREMENT

The disclosure provision in subdivision (d)(1) now specifies that evidence must be in the constructive possession or control of 'the prosecution' rather than 'the state,' clarifying which entity bears the disclosure obligation.

TECHNICAL

Fixed a duplicate word in subdivision (f) ('system system' to 'system') and a duplicated preposition ('applies to to' to 'applies to'). Also reorganized the judge disqualification language in subdivision (b) so it appears at the end of paragraph (1) as well as in paragraph (2).

Floor votes · Assembly May 28, 2026

How they voted

3321
Failed · 25 other
Total votes 79
May 28, 2026
D Democratic59
33 Yea 1 Nay 25
55% Yea
R Republican20
20 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
13
Key actions
3
Committee
7
Amendments
2
May 28, 2026
Vote failed
Assembly Vote: fail (33-21-25)
assembly
May 14, 2026
Lower · Passed
From committee: Do pass. (Ayes 10. Noes 4.) (May 14).
lower
Apr 29, 2026
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 8, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 7). Re-referred to Com. on APPR.
lower
Mar 26, 2026
Committee
Re-referred to Com. on PUB. S.
lower
Mar 25, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 17, 2026
Committee
Re-referred to Com. on PUB. S.
lower
Mar 16, 2026
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, 2026
Committee
Referred to Com. on PUB. S.
lower
Feb 14, 2026
Lower · Passed
From printer. May be heard in committee March 16.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Ash Kalra
Ash Kalra
DDemocratic
CA
25