Criminal procedure: discrimination.
What changed between versions
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.
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.
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).
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.
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).