Bills

AB 1118: Criminal procedure: discrimination.

  • Session Year: 2023-2024
  • House: Assembly
  • Latest Version Date: 2023-10-08

Current Status:

Passed

(2023-10-08: Chaptered by Secretary of State - Chapter 464, Statutes of 2023.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

What does this bill do?

The bill lets people convicted or sentenced who say race, ethnicity, or national origin influenced their conviction or punishment raise that claim on direct appeal (the immediate appeal after judgment) when the claim is based on the trial record. It also allows a defendant to ask the appellate court to pause the appeal and send the case back to the trial court to file a motion, and requires a judge to step aside if the judge’s own conduct is at issue.

The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.

Version:

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.

Discussed in Hearing

Senate Floor 2MIN
Sep 5, 2023

Senate Floor

Senate Standing Committee on Public Safety 6MIN
Jun 6, 2023

Senate Standing Committee on Public Safety

View Older Hearings
Authors shown for version:
Chaptered (10/8/2023)

Bill Author