AB 1118: Criminal procedure: discrimination.

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.