Criminal procedure: discrimination.

Plain English Breakdown

The bill summary and digest do not specify the effective date, which remains unknown.

Criminal Procedure: Discrimination

This law prevents public safety officers from facing punishment or losing job opportunities because a court found that the state unfairly targeted someone based on race, ethnicity, or national origin.

What This Bill Does

• Prevents any punitive action against public safety officers if a court finds that the state unfairly targeted someone based on their race, ethnicity, or national origin.
• Prohibits those court findings from being used in administrative appeals of punitive actions against public safety officers.
• Requires lawyers representing defendants who claim unfair treatment by law enforcement to give notice to the police department if they file a motion related to misconduct by officers.

Who It Names or Affects

• Public safety officers, such as police and firefighters
• Lawyers representing defendants in cases involving claims of racial discrimination

Terms To Know

Punitive action

A punishment or negative consequence given to someone for breaking rules.

Revocation of certification

Taking away a professional's license or permission to work in their field.

Limits and Unknowns

• The law only applies if both SB-734 and AB-1071 are passed, with SB-734 being enacted last.
• It does not specify what happens if the court findings are used for other purposes outside of administrative appeals.

Official Summary Text

SB 734, Caballero.
Criminal procedure: discrimination.
Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants certain employment rights to public safety officers, as defined. The act prohibits, among other things, any punitive action against a public safety officer, denial of promotion on grounds other than merit, or threat of such treatment, because of the lawful exercise of the rights granted under the act, or the exercise of any rights under any existing administrative grievance procedure.
Existing law, the California Racial Justice Act of 2020, 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.
Existing law authorizes the Commission on Peace Officer Standards and Training to revoke the certification of a peace officer if the officer has, while employed as a peace officer, engaged in serious misconduct including, among other things, demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner.
This bill would prohibit a punitive action, denial of promotion on grounds other than merit, or a revocation of certification proceeding from being undertaken against any public safety officer on the basis of a court finding made in a challenge brought under the California Racial Justice Act of 2020, and would prohibit those court findings from being
introduced for any purpose in any administrative appeal of a punitive action. The bill would require, if the defendant is represented by an attorney in a case brought under the California Racial Justice Act of 2020, in the prosecution of a writ of habeas corpus, or in the filing of a motion to vacate a conviction or sentence based on a violation of the California Racial Justice Act of 2020, and the motion or petition is based, in whole or in part, on the conduct of a law enforcement officer, the attorney to serve a copy of the motion on the law enforcement agency employing the officer.
This bill would incorporate additional changes to Sections 745, 1473, and 1473.7 of the Penal Code proposed by AB 1071 to be operative only if this bill and AB 1071 are enacted and this bill is enacted last.

Current Bill Text

Download Bill PDF