All Roll Calls
Yes: 257 • No: 0
CaliforniaSB 7342025-2026 Regular SessionSenate
Criminal procedure: discrimination.
Sponsored By: Anna Caballero (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 4 benefits, 0 costs, 1 mixed.
Easier to vacate old convictions
If you are no longer in criminal custody, you can file a motion to vacate your conviction or sentence at any time. It can be deemed late only if you did not act with reasonable diligence after you got a notice to appear in immigration court or a final removal order based on that conviction. The court must hold a hearing, and if you prove the grounds by a preponderance of the evidence, the court grants relief. If your plea is vacated, you can withdraw the plea. Immigration‑based motions must show the conviction now causes or could cause removal or loss of immigration benefits. You may also use this motion to undo convictions or sentences imposed with racial bias; if your claim involves officer conduct, you must serve the employing agency.
Limits on job penalties from bias rulings
Public agencies cannot punish or deny promotion to a public safety officer because a court made a bias finding under Section 745. That court finding also cannot be used as evidence in an administrative appeal. POST cannot revoke an officer’s certification based only on that court finding. Agencies and POST may still act on the underlying conduct if they follow normal procedures and give due process.
More ways to undo past convictions
Section 745 relief applies in stages: on January 1, 2023 to certain petitioners (including death‑sentenced and immigration‑consequence cases); on January 1, 2024 to people then in state prison, county jail, or juvenile commitment; on January 1, 2025 to felony and juvenile cases final on or after January 1, 2015; and on January 1, 2026 to all felony and juvenile cases. You can file habeas after judgment for a Section 745 violation; first‑time or new‑evidence claims are not treated as abusive. Courts review these petitions, appoint counsel for eligible indigent petitioners, and hold a hearing if you make a prima facie showing. For judgments before January 1, 2021 based on specified Section 745 grounds, you get relief unless the State proves beyond a reasonable doubt the violation did not contribute to the judgment. If the prosecutor or Attorney General concedes the basis for relief, the court presumes relief unless the record contradicts it or it would be unlawful. If the State retries you after relief, your postconviction lawyer can serve as trial counsel (if you both agree and the lawyer is qualified) and is paid under appointed‑counsel rates; otherwise, the court appoints other qualified counsel.
Stronger protections from biased prosecutions
The law bans convictions or sentences based on race, ethnicity, or national origin. You can raise a claim by motion, on appeal, by habeas, or through a post‑conviction motion. If you show a substantial likelihood, the court holds a hearing; you must prove a violation by a preponderance of the evidence and do not need to show intent. Courts may order the State to disclose relevant records with redactions or protective orders, and you can use statistics, experts, and other reliable evidence. If a violation is found, the court can dismiss or reduce charges, order a mistrial, vacate a conviction or sentence, or resentence, and the death penalty is barred. If your claim involves an officer and you have a lawyer, your lawyer must serve the officer’s agency.
Stronger peace officer discipline and oversight
POST must revoke certification when an officer is ineligible under state law. POST can suspend or revoke for serious misconduct or for fraud in applications. “Serious misconduct” is defined by rule and includes dishonesty, abuse of power, sexual assault, bias, repeated law violations, law‑enforcement gang activity, failure to cooperate, and failure to intercede. Agencies must finish serious‑misconduct investigations even if the officer leaves, and POST can review confidential files. Investigations should finish within three years after POST gets the completed report; the clock pauses during appeals or criminal cases, and there is no limit if an agency never reported. The director may order immediate temporary suspension after arrest, indictment, certain discharges, or separation during a probe when in the public interest. Officers may permanently surrender certification; it equals revocation and cannot be reactivated. POST generally cannot start cases for conduct before January 1, 2022, except for deadly‑force cases, listed serious misconduct, or when the agency made a final decision after January 1, 2022. POST keeps investigation records for 30 years after an investigation ends.
Sponsors & Cosponsors
Sponsor
Anna Caballero
Democratic • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 9/9/2025
Item 74 — Senate SFLOOR
Yes: 40 • No: 0
House vote • 9/8/2025
Item 58 — Assembly AFLOOR
Yes: 76 • No: 0
legislature vote • 7/2/2025
Vote in CX25
Yes: 14 • No: 0
legislature vote • 6/17/2025
Vote in CX18
Yes: 9 • No: 0
Senate vote • 5/28/2025
Item 76 — Senate SFLOOR
Yes: 36 • No: 0
Senate vote • 5/28/2025
Item 76 — Senate SFLOOR
Yes: 38 • No: 0
Senate vote • 5/28/2025
Item 76 — Senate SFLOOR
Yes: 38 • No: 0
legislature vote • 4/1/2025
Vote in CS72
Yes: 6 • No: 0
Actions Timeline
Chaptered by Secretary of State. Chapter 784, Statutes of 2025.
10/13/2025SenateApproved by the Governor.
10/13/2025legislatureEnrolled and presented to the Governor at 2 p.m.
9/17/2025legislatureAssembly amendments concurred in. (Ayes 40. Noes 0. Page 2733.) Ordered to engrossing and enrolling.
9/9/2025SenateIn Senate. Concurrence in Assembly amendments pending.
9/8/2025SenateRead third time. Passed. (Ayes 76. Noes 0. Page 2977.) Ordered to the Senate.
9/8/2025HouseOrdered to third reading.
9/4/2025HouseRead third time and amended.
9/4/2025HouseOrdered to third reading.
8/26/2025HouseRead third time and amended.
8/26/2025HouseRead second time. Ordered to third reading.
7/3/2025HouseFrom committee: Do pass. (Ayes 14. Noes 0.) (July 2).
7/2/2025HouseFrom committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 17). Re-referred to Com. on APPR.
6/17/2025HouseReferred to Com. on PUB. S.
6/5/2025HouseIn Assembly. Read first time. Held at Desk.
5/28/2025HouseRead third time. Passed. (Ayes 36. Noes 0. Page 1272.) Ordered to the Assembly.
5/28/2025SenateReconsideration granted. (Ayes 38. Noes 0. Page 1271.)
5/28/2025SenateMotion to reconsider made by Senator Caballero.
5/28/2025SenateRead third time. Passed. (Ayes 38. Noes 0. Page 1271.) Ordered to the Assembly.
5/28/2025SenateRead second time. Ordered to third reading.
5/12/2025SenateOrdered to second reading.
5/8/2025SenateRead third time and amended.
5/8/2025SenateRead second time. Ordered to third reading.
4/22/2025SenateFrom committee: Be ordered to second reading pursuant to Senate Rule 28.8.
4/21/2025SenateSet for hearing April 21.
4/4/2025Senate
Bill Text
Chaptered
10/13/2025
Enrolled
9/12/2025
Amended Assembly
9/4/2025
Amended Assembly
8/26/2025
Amended Senate
5/8/2025
Amended Senate
4/2/2025
Amended Senate
3/24/2025
Introduced
2/21/2025