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 recast and revise these procedures to pursue relief for a violation of the prohibition against the state seeking, obtaining, or imposing a criminal conviction or sentence on the basis of race, ethnicity, or national origin to specifically provide multiple procedures applicable to a defendant who has an action pending before the trial or appellate court, is currently incarcerated, or post-incarceration, as specified. The bill would also recast the remedies for a violation of this prohibition in accordance with the procedure the defendant used to pursue relief.
This bill makes legislative findings and declarations in support of its provisions.

Statutes affected:
AB 1071: 745 PEN, 1473 PEN
02/20/25 - Introduced: 745 PEN, 1473 PEN