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AB-1958 • 2026

Criminal procedure: discrimination.

Criminal procedure: discrimination.

Passed Legislature

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

Sponsor
Kalra
Last action
2026-04-08
Official status
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 7). Re-referred to Com. on APPR.
Effective date
Not listed

Plain English Breakdown

The bill's full text and exact procedures are not provided, leaving some details unclear.

Criminal Procedure: Discrimination

This law changes how defendants can prove unfair treatment based on race, ethnicity, or national origin when comparing themselves to others with similar behavior and circumstances in criminal cases.

What This Bill Does

  • Changes the criteria for proving discrimination by allowing defendants to compare their situations to those of similarly situated individuals who have engaged in similar conduct.
  • Expands protections against discrimination to include disparities in plea negotiations and diversion programs.
  • Clarifies procedures for motions under these provisions, including requests for data from other cases if relevant.

Who It Names or Affects

  • People charged with crimes who might face discrimination based on race, ethnicity, or national origin.
  • Courts and prosecutors involved in criminal cases.

Terms To Know

Plea negotiating
When a prosecutor and defendant agree to settle a case without going to trial.
Diversion
A program that allows people charged with crimes to avoid regular court processes under certain conditions.

Limits and Unknowns

  • The bill does not specify what happens if the requested data from other cases is found irrelevant.
  • It's unclear how this law will be enforced and monitored in practice.

Bill History

  1. 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.

  2. 2026-03-26 California Legislative Information

    Re-referred to Com. on PUB. S.

  3. 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.

  4. 2026-03-17 California Legislative Information

    Re-referred to Com. on PUB. S.

  5. 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.

  6. 2026-03-02 California Legislative Information

    Referred to Com. on PUB. S.

  7. 2026-02-14 California Legislative Information

    From printer. May be heard in committee March 16.

  8. 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