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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-19</ns0:ActionDate>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Michelle Rodriguez</ns0:AuthorText>
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<ns0:Name>Michelle Rodriguez</ns0:Name>
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<ns0:Title> An act to amend Section 170.3 of the Code of Civil Procedure, and to amend Section 745 of the Penal Code, relating to criminal procedure. </ns0:Title>
<ns0:RelatingClause>criminal procedure</ns0:RelatingClause>
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<ns0:Subject>Criminal procedure: discrimination.</ns0:Subject>
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<html:p>Existing law establishes procedures for a judge to disqualify themselves from a case. Under existing law, if a judge who should disqualify themselves refuses or fails to do so, a party may file with the clerk a written verified statement objecting to the hearing or trial before the judge and setting forth the facts constituting grounds for disqualification of the judge. Existing law requires copies of the statement to be served on each party and personally served on the judge alleged to be disqualified or on their clerk, provided that the judge is present in the courthouse or in chambers.</html:p>
<html:p>This bill would require the statement to be served during regular business hours on the judge alleged to be disqualified at the courthouse in which the judge is sitting. The bill would, in addition to the clerk, permit service of the statement on the court
executive officer, provided that the judge is present in the courthouse or in chambers.</html:p>
<html:p>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.</html:p>
<html:p>The bill would authorize a judge to admit or deny the allegations in a defendant’s motion showing that the judge exhibited bias or animus towards the defendant because of the defendant’s race, ethnicity, or national origin in a written answer that sets forth any additional material or relevant facts. The bill would authorize a trial judge, if a motion is made during a trial and is based in whole or in part on the conduct of or statements
made by the trial judge, to stay or proceed with the trial until a hearing is held, as specified. The bill would require the motions that are made after a verdict is entered and prior to sentencing to be made before the judge issues a tentative sentence.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 170.3 of the
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is amended to read:
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<ns0:Num>170.3.</ns0:Num>
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<html:p>
(a)
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(1)
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If a judge determines themselves to be disqualified, the judge shall notify the presiding judge of the court of their recusal and shall not further participate in the proceeding, except as provided in Section 170.4, unless
their
disqualification is waived by the parties as provided in subdivision (b).
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<html:p>
(2)
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If the disqualified judge is the only judge or the presiding judge of the court, the notification shall be sent to the person having authority to assign another judge to replace the disqualified judge.
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<html:p>
(b)
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(1)
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A judge who determines themselves to be disqualified after disclosing the basis for
their disqualification on the record may ask the parties and their attorneys whether they wish to waive the disqualification, except where the basis for disqualification is as provided in paragraph (2). A waiver of disqualification shall recite the basis for the disqualification, and is effective only when signed by all parties and their attorneys and filed in the record.
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<html:p>
(2)
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There shall be no waiver of disqualification if the basis therefor is either of the following:
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<html:p>
(A)
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The judge has a personal bias or prejudice concerning a party.
</html:p>
<html:p>
(B)
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The judge served as an attorney in the matter in controversy, or the judge has been a material witness concerning that matter.
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<html:p>
(3)
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The judge shall not seek to induce a waiver and
shall avoid any effort to discover which lawyers or parties favored or opposed a waiver of disqualification.
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<html:p>
(4)
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If grounds for disqualification are first learned of or arise after the judge has made one or more rulings in a proceeding, but before the judge has completed judicial action in a proceeding, the judge shall, unless the disqualification be waived, disqualify themselves, but in the absence of good cause the rulings they have made up to that time shall not be set aside by the judge who replaces the disqualified judge.
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<html:p>
(c)
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(1)
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If a judge who should disqualify
themselves
refuses or fails to do so, any party may file with the clerk a written verified statement objecting to the hearing or trial before the judge and setting forth the facts constituting the grounds for disqualification of the judge. The statement shall be presented at the earliest practicable opportunity after discovery of the facts constituting the ground for disqualification. Copies of the statement shall be served on each party or their attorney who has appeared and shall be personally served during regular business hours on the judge alleged to be
disqualified at the courthouse in which the judge is sitting, or on their clerk or on the court executive officer, provided that the judge is present in the courthouse or in chambers.
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<html:p>
(2)
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Without conceding their disqualification, a judge whose impartiality has been challenged by the filing of a written statement may request any other judge agreed upon by the parties to sit and act in
their place.
</html:p>
<html:p>
(3)
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Within 10 days after the filing or service, whichever is later, the judge may file a consent to disqualification in which case the judge shall notify the presiding judge or the person authorized to appoint a replacement of their recusal as provided in subdivision (a), or the judge may file a written verified answer admitting or denying any or all of the allegations contained in the party’s statement and setting forth any additional facts material or relevant to the question of disqualification. The clerk shall forthwith transmit a copy of the judge’s answer to each party or
their attorney who has appeared in the action.
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<html:p>
(4)
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A judge who fails to file a consent or answer within the time allowed shall be deemed to have consented to their disqualification and the clerk shall notify the presiding judge or person authorized to appoint a replacement of the recusal as provided in subdivision (a).
</html:p>
<html:p>
(5)
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A judge who refuses to recuse themselves shall not pass upon
their own disqualification or upon the sufficiency in law, fact, or otherwise, of the statement of disqualification filed by a party. In that case, the question of disqualification shall be heard and determined by another judge agreed upon by all the parties who have appeared or, in the event they are unable to agree within five days of notification of the judge’s answer, by a judge selected by the chairperson of the Judicial Council, or if the chairperson is unable to act, the vice chairperson. The clerk shall notify the executive officer of the Judicial Council of the need for a selection. The selection shall be made as expeditiously as possible. No challenge pursuant to this subdivision or Section 170.6 may be made against the judge selected to decide the question of disqualification.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The judge deciding the question of disqualification may decide the question on the basis of the statement of
disqualification and answer and any written arguments as the judge requests, or the judge may set the matter for hearing as promptly as practicable. If a hearing is ordered, the judge shall permit the parties and the judge alleged to be disqualified to argue the question of disqualification and shall for good cause shown hear evidence on any disputed issue of fact. If the judge deciding the question of disqualification determines that the judge is disqualified, the judge hearing the question shall notify the presiding judge or the person having authority to appoint a replacement of the disqualified judge as provided in subdivision (a).
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<html:p>
(d)
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The determination of the question of the disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought only by the parties to the proceeding. The petition for the writ shall be filed and served within 10 days after service of
written notice of entry of the court’s order determining the question of disqualification. If the notice of entry is served by mail, that time shall be extended as provided in subdivision (a) of Section 1013.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 745 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>745.</ns0:Num>
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<html:p>
(a)
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The state shall not seek or obtain a criminal conviction or seek, obtain, or impose a sentence on the basis of race, ethnicity, or national origin. A violation is established if the defendant proves, by a preponderance of the evidence, any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The judge, an attorney in the case, a law enforcement officer involved in the case, an expert witness, or juror exhibited bias or animus towards the defendant because of the defendant’s race, ethnicity, or national origin.
</html:p>
<html:p>
(2)
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During the defendant’s trial, in court and during the proceedings, the judge, an attorney in the case, a law enforcement officer involved in the case, an expert witness, or juror, used racially discriminatory language
about the defendant’s race, ethnicity, or national origin, or otherwise exhibited bias or animus towards the defendant because of the defendant’s race, ethnicity, or national origin, whether or not purposeful. This paragraph does not apply if the person speaking is relating language used by another that is relevant to the case or if the person speaking is giving a racially neutral and unbiased physical description of the suspect.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The defendant was charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins who have engaged in similar conduct and are similarly situated, and the evidence establishes that the prosecution more frequently sought or obtained convictions for more serious offenses against people who share the defendant’s race, ethnicity, or national origin in the county where the convictions were sought or obtained.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A longer or more severe sentence was imposed on the defendant than was imposed on other similarly situated individuals convicted of the same offense, and longer or more severe sentences were more frequently imposed for that offense on people that share the defendant’s race, ethnicity, or national origin than on defendants of other races, ethnicities, or national origins in the county where the sentence was imposed.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A longer or more severe sentence was imposed on the defendant than was imposed on other similarly situated individuals convicted of the same offense, and longer or more severe sentences were more frequently imposed for the same offense on defendants in cases with victims of one race, ethnicity, or national origin than in cases with victims of other races, ethnicities, or national origins, in the county where the sentence was imposed.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A defendant may file a motion pursuant to this section, or a petition for writ of habeas corpus or a motion under Section 1473.7, in a court of competent jurisdiction, alleging a violation of subdivision (a). For claims based on the trial record, a defendant may raise a claim alleging a violation of subdivision (a) on direct appeal from the conviction or sentence. The defendant may also move to stay the appeal and request remand to the superior court to file a motion pursuant to this section. If the motion is based in whole or in part on conduct or statements by the judge, the judge shall disqualify themselves from any further proceedings under this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The judge may, within 10 days after finding that a
defendant has made a prima facie showing of a violation of subdivision (a), file a written verified answer that admits or denies any or all of the allegations contained in the defendant’s motion and sets forth any additional material or relevant facts. The clerk shall transmit a copy of the judge’s answer to each party or each party’s attorney of record.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a motion is made during a trial and is based in whole or in part on the conduct of or statements made by the trial judge, the trial judge may proceed with the trial until there is a prima facie determination by another reviewing judge pursuant to subdivision (c). If the reviewing judge finds there is a prima facie violation under subdivision (a), the trial judge may stay the trial until after a hearing is conducted pursuant to paragraph (1) of subdivision (c).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If a motion is made after a verdict is entered and prior to
sentencing, a motion based in whole or in part on the conduct of or statements made by the judge shall be made prior to the issuance of a tentative sentence or the motion shall be considered waived.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a motion is filed in the trial court and the defendant makes a prima facie showing of a violation of subdivision (a), the trial court shall hold a hearing. A motion made at trial shall be made as soon as practicable upon the defendant learning of the alleged violation. A motion that is not timely may be deemed waived, in the discretion of the court.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
At the hearing, evidence may be presented by either party, including, but not limited to, statistical evidence, aggregate data, expert testimony, and the sworn testimony of witnesses. The court may also appoint an independent expert. For the purpose of a motion and hearing under this section, out-of-court
statements that the court finds trustworthy and reliable, statistical evidence, and aggregated data are admissible for the limited purpose of determining whether a violation of subdivision (a) has occurred.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The defendant shall have the burden of proving a violation of subdivision (a) by a preponderance of the evidence. The defendant does not need to prove intentional discrimination.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the defendant is represented by an attorney and the motion alleges a violation of paragraph (1) or (2) of subdivision (a), based in whole or in part on the conduct of one or more law enforcement officers, the attorney shall serve a copy of the motion on the law enforcement agency or agencies that employed the officer or officers.
</html:p>
<html:p>
(4)
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At the conclusion of the hearing, the court shall make findings on the record.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In any proceeding alleging a violation of subdivision (a), a defendant or petitioner may file a motion requesting disclosure to the defense of all evidence relevant to a potential violation of subdivision (a) in the possession or control of the state. A motion filed under this section, a motion under paragraph (2) of subdivision (e) of Section 1473, or a motion under paragraph (3) of subdivision (a) of Section 1473.7 shall describe the type of records or information the defendant seeks. Upon a showing of good cause, the court shall order the records to be released. Upon a showing of good cause, and in order to protect a privacy right or privilege, the court may permit the prosecution to redact information prior to disclosure or may subject disclosure to a protective order. If a statutory privilege or constitutional privacy right cannot be adequately protected by redaction or a protective order, the court shall not order the release of the
records.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other law, except as provided in subdivision (k), or for an initiative approved by the voters, if the court finds, by a preponderance of evidence, a violation of subdivision (a), the court shall impose a remedy specific to the violation found from the following list:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Before a judgment has been entered, the court shall impose any of the following remedies:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Grant a defendant’s request for a mistrial.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Discharge the jury panel and empanel a new jury.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the court determines that it would be in the interest of justice, dismiss enhancements, special circumstances, or special allegations, or reduce one or more charges.
</html:p>
<html:p>
(D)
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Any other remedy not prohibited by another law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
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After a judgment has been entered, if the court finds that a conviction was sought or obtained in violation of subdivision (a), the court shall vacate the conviction and sentence, find that it is legally invalid, and order new proceedings consistent with subdivision (a). If the court finds that the only violation of subdivision (a) that occurred is based on paragraph (3) of subdivision (a), the court may modify the judgment to a lesser included or lesser related offense. On resentencing, the court shall not impose a new sentence greater than that previously imposed.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
After a judgment has been entered, if the court finds that only the sentence was sought, obtained, or imposed in violation of subdivision (a), the court shall vacate the
sentence, find that it is legally invalid, and impose a new sentence. On resentencing, the court shall not impose a new sentence greater than that previously imposed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The remedies available under this section do not foreclose any other remedies available under the United States Constitution, the California Constitution, or any other law.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section also applies to adjudications and dispositions in the juvenile delinquency system and adjudications to transfer a juvenile case to adult court.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall not prevent the prosecution of hate crimes pursuant to Sections 422.6 to 422.865, inclusive.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
As used in this section and for the purposes of a petition pursuant to subdivision (e) of Section 1473 or a motion pursuant to paragraph
(3) of subdivision (a) of Section 1473.7, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“More frequently sought or obtained” or “more frequently imposed” means that the totality of the evidence demonstrates a significant difference in seeking or obtaining convictions or in imposing sentences comparing individuals who have engaged in similar conduct and are similarly situated, and the prosecution cannot establish race-neutral reasons for the disparity. The evidence may include statistical evidence, aggregate data, or nonstatistical evidence. Statistical significance is a factor the court may consider, but is not necessary to establish a significant difference. In evaluating the totality of the evidence, the court shall consider whether systemic and institutional racial bias, racial profiling, and historical patterns of racially biased policing and prosecution may have contributed to, or caused differences observed in, the data or impacted the
availability of data overall. Race-neutral reasons shall be relevant factors to charges, convictions, and sentences that are not influenced by implicit, systemic, or institutional bias based on race, ethnicity, or national origin.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Prima facie showing” means that the defendant produces facts that, if true, establish that there is a substantial likelihood that a violation of subdivision (a) occurred. For purposes of this section, a “substantial likelihood” requires more than a mere possibility, but less than a standard of more likely than not.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Relevant factors,” as that phrase applies to sentencing, means the factors in the California Rules of Court that pertain to sentencing decisions and any additional factors required to or permitted to be considered in sentencing under state law and under the state and federal constitutions.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Racially discriminatory language” means language that, to an objective observer, explicitly or implicitly appeals to racial bias, including, but not limited to, racially charged or racially coded language, language that compares the defendant to an animal, or language that references the defendant’s physical appearance, culture, ethnicity, or national origin. Evidence that particular words or images are used exclusively or disproportionately in cases where the defendant is of a specific race, ethnicity, or national origin is relevant to determining whether language is discriminatory.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“State” includes the Attorney General, a district attorney, or a city prosecutor.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Similarly situated” means that factors that are relevant in charging and sentencing are similar and do not require that all individuals in the
comparison group are identical. A defendant’s conviction history may be a relevant factor to the severity of the charges, convictions, or sentences. If it is a relevant factor and the defense produces evidence that the conviction history may have been impacted by racial profiling or historical patterns of racially biased policing, the court shall consider the evidence.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A defendant may share a race, ethnicity, or national origin with more than one group. A defendant may aggregate data among groups to demonstrate a violation of subdivision (a).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section applies as follows:
</html:p>
<html:p>
(1)
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To all cases in which judgment is not final.
</html:p>
<html:p>
(2)
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Commencing January 1, 2023, to all cases in which, at the time of the filing of a petition pursuant to subdivision (e)
of Section 1473 raising a claim under this section, the petitioner is sentenced to death or to cases in which the motion is filed pursuant to Section 1473.7 because of actual or potential immigration consequences related to the conviction or sentence, regardless of when the judgment or disposition became final.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Commencing January 1, 2024, to all cases in which, at the time of the filing of a petition pursuant to subdivision (e) of Section 1473 raising a claim under this section, the petitioner is currently serving a sentence in the state prison or in a county jail pursuant to subdivision (h) of Section 1170, or committed to the Division of Juvenile Justice for a juvenile disposition, regardless of when the judgment or disposition became final.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Commencing January 1, 2025, to all cases filed pursuant to Section 1473.7 or subdivision (e) of Section 1473 in which judgment
became final for a felony conviction or juvenile disposition that resulted in a commitment to the Division of Juvenile Justice on or after January 1, 2015.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Commencing January 1, 2026, to all cases filed pursuant to Section 1473.7 or subdivision (e) of Section 1473 in which judgment was for a felony conviction or juvenile disposition that resulted in a commitment to the Division of Juvenile Justice, regardless of when the judgment or disposition became final.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For petitions that are filed in cases for which judgment was entered before January 1, 2021, and only in those cases, if the petition is based on a violation of paragraph (1) or (2) of subdivision (a), the petitioner shall be entitled to relief as provided in subdivision (e), unless the state proves beyond a reasonable doubt that the violation did not contribute to the judgment.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
When the court finds there has been a violation of subdivision (a), the defendant shall not be eligible for the death penalty.
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</ns0:Bill>
</ns0:MeasureDoc>