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CaliforniaAB 10712025-2026 Regular SessionHouse

Criminal procedure: discrimination.

Sponsored By: Ash Kalra (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Habeas relief for racial bias cases

You can seek habeas relief after judgment if race, ethnicity, or national origin affected your conviction or sentence. Courts appoint a lawyer if you cannot afford one and your petition plausibly raises these claims, and they use the same standards as the racial‑bias law. If you make a prima facie showing, the court issues an order to show cause and holds a hearing; a prosecutor’s or Attorney General’s concession creates a presumption for relief. Relief can vacate convictions or sentences, allow new proceedings, and your postconviction lawyer may be appointed and paid to handle a retrial. The rollout is phased: starting Jan 1, 2023 for death cases and certain immigration motions; Jan 1, 2024 for people currently serving time or in DJJ; and expands again on Jan 1, 2025 and Jan 1, 2026; for pre‑2021 judgments based on listed bias, the state must prove beyond a reasonable doubt the violation did not contribute.

No convictions or sentences based on race

The law bans the state from seeking convictions or sentences because of race, ethnicity, or national origin. You can prove a violation by showing bias by a judge, lawyer, officer, expert, or juror, racist words in court, or clear charging or sentencing patterns. Courts may consider statistics, expert testimony, and other trustworthy proof, and must allow targeted discovery of state records for good cause. If a violation is found, the court must fix it by remedies like mistrial, dropping or reducing charges, or vacating and resentencing without a harsher term; a death sentence is not allowed. These protections also apply in juvenile court and transfer hearings, and do not block hate‑crime prosecutions.

Vacate old convictions and protect immigration status

If you are out of custody, you can move to vacate a conviction or sentence for immigration‑related error or for racial bias. You must prove the grounds by a preponderance of the evidence, and for immigration claims also show the conviction now causes or could cause removal or denial of status or benefits. Pleas taken under laws that later deem the arrest and conviction to have never happened are presumed invalid when used for immigration, and the court must let you withdraw a vacated plea. All motions get a hearing (or can be granted without one if unopposed), are appealable, allow pre‑filing discovery, and require notice to police agencies when alleging officer conduct; a specific ineffective‑assistance finding needs timely notice to that attorney. Timing rules apply: motions are timely once out of custody, but can be denied for lack of reasonable diligence after immigration notices, and claims based on new evidence or racial‑bias grounds must be filed without undue delay.

How this law syncs with SB 734

Some sections take effect only if SB 734 also becomes law by January 1, 2026 and this act is enacted after SB 734. If those conditions are met, the alternate sections in this act control and the original versions do not operate.

Sponsors & Cosponsors

Sponsor

  • Ash Kalra

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 138 • No: 53

House vote • 9/13/2025

Item 164 — Assembly AFLOOR

Yes: 42 • No: 21

Senate vote • 9/11/2025

Item 136 — Senate SFLOOR

Yes: 25 • No: 11

legislature vote • 8/29/2025

Vote in CS61

Yes: 5 • No: 2

legislature vote • 7/14/2025

Vote in CS61

Yes: 7 • No: 0

legislature vote • 6/24/2025

Vote in CS72

Yes: 4 • No: 1

House vote • 5/19/2025

Item 19 — Assembly AFLOOR

Yes: 48 • No: 16

legislature vote • 4/22/2025

Vote in CX18

Yes: 7 • No: 2

Actions Timeline

  1. Chaptered by Secretary of State - Chapter 721, Statutes of 2025.

    10/13/2025Senate

  2. Approved by the Governor.

    10/13/2025legislature

  3. Enrolled and presented to the Governor at 3 p.m.

    9/24/2025legislature

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 42. Noes 21. Page 3457.).

    9/13/2025House

  5. Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)

    9/13/2025House

  6. In Assembly. Concurrence in Senate amendments pending.

    9/12/2025House

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 11. Page 2896.).

    9/11/2025Senate

  8. Read second time. Ordered to third reading.

    9/8/2025Senate

  9. Read third time and amended. Ordered to second reading.

    9/5/2025Senate

  10. Read second time. Ordered to third reading.

    9/2/2025Senate

  11. Read second time and amended. Ordered returned to second reading.

    8/29/2025Senate

  12. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).

    8/29/2025Senate

  13. In committee: Referred to APPR. suspense file.

    7/14/2025Senate

  14. In committee: Hearing postponed by committee.

    7/2/2025Senate

  15. Read second time and amended. Re-referred to Com. on APPR.

    6/25/2025Senate

  16. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 24).

    6/24/2025Senate

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

    6/13/2025Senate

  18. Referred to Coms. on PUB. S. and APPR.

    5/28/2025Senate

  19. In Senate. Read first time. To Com. on RLS. for assignment.

    5/20/2025Senate

  20. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 16. Page 1610.)

    5/19/2025House

  21. Read second time. Ordered to third reading.

    4/24/2025House

  22. From committee: Do pass. (Ayes 7. Noes 2.) (April 22).

    4/23/2025House

  23. Re-referred to Com. on PUB. S.

    4/1/2025House

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

    3/28/2025House

  25. Referred to Com. on PUB. S.

    3/10/2025House

Bill Text

  • Chaptered

    10/13/2025

    HTML

  • Enrolled

    9/16/2025

    HTML

  • Amended Senate

    9/5/2025

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  • Amended Senate

    8/29/2025

    HTML

  • Amended Senate

    6/25/2025

    HTML

  • Amended Senate

    6/13/2025

    HTML

  • Amended Assembly

    3/28/2025

    HTML

  • Introduced

    2/20/2025

    HTML

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