AB-1958 • 2026

Criminal procedure: discrimination.

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Kalra
Last action: 2026-05-28
Official status: Read third time. Refused passage. (Ayes 33. Noes 22.).
Effective date: Not listed

Plain English Breakdown

The official summary and text do not provide details on enforcement mechanisms or the exact procedures for motions under these provisions.

Criminal Procedure: Fairness in Sentencing

This law aims to prevent unfair treatment based on race, ethnicity, or national origin when deciding criminal sentences and plea deals by comparing defendants with similarly situated individuals who engaged in similar conduct.

What This Bill Does

Changes how defendants can prove discrimination by comparing them to people who did similar things instead of those convicted of the same crime.
Expands rules about fairness in sentencing to include disparities in plea negotiating and diversion programs that help avoid jail time.
Clarifies procedures for motions under these provisions, allowing defendants to request data from past cases relevant to their current charges.

Who It Names or Affects

People involved in the criminal justice system who might face discrimination based on race, ethnicity, or national origin.
Courts and prosecutors handling criminal cases.

Terms To Know

Plea negotiating: Talking between a defendant and prosecutor to agree on a sentence without going to trial.
Diversion: Programs that help people avoid jail time by offering treatment or other services instead.

Limits and Unknowns

The bill did not pass the legislature and was refused passage on May 28, 2026.
It is unclear how this law would be enforced if it were to become active.

Bill History

2026-05-28 California Legislative Information
Read third time. Refused passage. (Ayes 33. Noes 22.).
2026-05-18 California Legislative Information
Read second time. Ordered to third reading.
2026-05-14 California Legislative Information
From committee: Do pass. (Ayes 10. Noes 4.) (May 14).
2026-04-29 California Legislative Information
In committee: Set, first hearing. Referred to APPR. suspense file.
2026-04-08 California Legislative Information
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 7). Re-referred to Com. on APPR.
2026-03-26 California Legislative Information
Re-referred to Com. on PUB. S.
2026-03-25 California Legislative Information
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
2026-03-17 California Legislative Information
Re-referred to Com. on PUB. S.
2026-03-16 California Legislative Information
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
2026-03-02 California Legislative Information
Referred to Com. on PUB. S.
2026-02-14 California Legislative Information
From printer. May be heard in committee March 16.
2026-02-13 California Legislative Information
Read first time. To print.

Official Summary Text

AB 1958, as amended, Kalra.
Criminal procedure: discrimination.
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.
The bill would clarify procedures for motions under
these provisions.
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.

Current Bill Text

Read the full stored bill text

Download Bill PDF