Existing law 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.
This bill would require the defendant to provide notice of a hearing pursuant to these provisions to any person accused of bias or racial animus in the proceeding, and would require the person accused of bias or racial animus to be given the right to representation during the hearing, including, but not limited to, the right for their representative to test the sufficiency of the evidence by asking questions of the witnesses.