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AB-1071 • 2026

Criminal procedure: discrimination.

Criminal procedure: discrimination.

Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Kalra
Last action
2025-10-13
Official status
Chaptered by Secretary of State - Chapter 721, Statutes of 2025.
Effective date
Not listed

Plain English Breakdown

The bill summary and digest do not provide specific details on the technical changes made or the exact remedies available beyond those not prohibited by other laws.

Criminal Procedure: Discrimination

This law allows people accused of crimes to request evidence from the court if they believe the state discriminated against them based on race, ethnicity, or national origin when deciding their punishment.

What This Bill Does

  • Allows defendants in criminal cases to file a motion for disclosure of all relevant evidence related to potential discrimination based on race, ethnicity, or national origin.
  • Authorizes courts to remedy violations of the prohibition against seeking, obtaining, or imposing a criminal conviction or sentence based on race, ethnicity, or national origin with any other remedy not prohibited by another law.

Who It Names or Affects

  • People who are accused of crimes and believe they were treated unfairly because of their race, ethnicity, or national origin.
  • Courts that handle criminal cases.

Terms To Know

Defendant
A person who is charged with a crime in court.

Limits and Unknowns

  • The bill only applies if SB 734 is also passed and this bill is enacted last.
  • It does not specify what happens if the state fails to provide requested evidence.

Bill History

  1. 2025-10-13 California Legislative Information

    Chaptered by Secretary of State - Chapter 721, Statutes of 2025.

  2. 2025-10-13 California Legislative Information

    Approved by the Governor.

  3. 2025-09-24 California Legislative Information

    Enrolled and presented to the Governor at 3 p.m.

  4. 2025-09-13 California Legislative Information

    Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 42. Noes 21. Page 3457.).

  5. 2025-09-13 California Legislative Information

    Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)

  6. 2025-09-12 California Legislative Information

    In Assembly. Concurrence in Senate amendments pending.

  7. 2025-09-11 California Legislative Information

    Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 11. Page 2896.).

  8. 2025-09-08 California Legislative Information

    Read second time. Ordered to third reading.

  9. 2025-09-05 California Legislative Information

    Read third time and amended. Ordered to second reading.

  10. 2025-09-02 California Legislative Information

    Read second time. Ordered to third reading.

  11. 2025-08-29 California Legislative Information

    Read second time and amended. Ordered returned to second reading.

  12. 2025-08-29 California Legislative Information

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).

  13. 2025-07-14 California Legislative Information

    In committee: Referred to APPR. suspense file.

  14. 2025-07-02 California Legislative Information

    In committee: Hearing postponed by committee.

  15. 2025-06-25 California Legislative Information

    Read second time and amended. Re-referred to Com. on APPR.

  16. 2025-06-24 California Legislative Information

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 24).

  17. 2025-06-13 California Legislative Information

    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.

  18. 2025-05-28 California Legislative Information

    Referred to Coms. on PUB. S. and APPR.

  19. 2025-05-20 California Legislative Information

    In Senate. Read first time. To Com. on RLS. for assignment.

  20. 2025-05-19 California Legislative Information

    Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 16. Page 1610.)

  21. 2025-04-24 California Legislative Information

    Read second time. Ordered to third reading.

  22. 2025-04-23 California Legislative Information

    From committee: Do pass. (Ayes 7. Noes 2.) (April 22).

  23. 2025-04-01 California Legislative Information

    Re-referred to Com. on PUB. S.

  24. 2025-03-28 California Legislative Information

    From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  25. 2025-03-10 California Legislative Information

    Referred to Com. on PUB. S.

  26. 2025-02-21 California Legislative Information

    From printer. May be heard in committee March 23.

  27. 2025-02-20 California Legislative Information

    Read first time. To print.

Official Summary Text

AB 1071, Kalra.
Criminal procedure: discrimination.
Existing law prohibits the state from seeking, obtaining, or imposing a criminal conviction or sentence on the basis of race, ethnicity, or national origin. Under existing law, a defendant may pursue relief for a violation of this prohibition by filing a motion pursuant to the provisions that prohibit this conduct, a petition for a writ of habeas corpus, or a motion to vacate a conviction or sentence.
This bill would authorize the defendant in these proceedings to file a motion for disclosure of all relevant evidence related to a potential violation of the prohibition on the state seeking, obtaining, or imposing a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. The bill would also authorize the court to remedy a violation of these provisions with any other remedy not prohibited by another law.
The bill would make other technical changes.
This bill makes legislative findings and declarations in support of its provisions.
This bill would incorporate additional changes to Sections 745, 1473, and 1473.7 of the Penal Code proposed by SB 734 to be operative only if this bill and SB 734 are enacted and this bill is enacted last.

Current Bill Text

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