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<ns0:Id>20250SB__073492CHP</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
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<ns0:Action>
<ns0:ActionText>CHAPTERED</ns0:ActionText>
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<ns0:Action>
<ns0:ActionText>APPROVED</ns0:ActionText>
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<ns0:ActionText>FILED</ns0:ActionText>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>734</ns0:MeasureNum>
<ns0:MeasureState>CHP</ns0:MeasureState>
<ns0:ChapterYear>2025</ns0:ChapterYear>
<ns0:ChapterType>CHP</ns0:ChapterType>
<ns0:ChapterSessionNum>0</ns0:ChapterSessionNum>
<ns0:ChapterNum>784</ns0:ChapterNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Caballero</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Caballero</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to add Section 3305.6 to the Government Code, and to amend Sections 745, 1473, 1473.7, and 13510.8 of the Penal Code, relating to criminal procedure. </ns0:Title>
<ns0:RelatingClause>criminal procedure</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Criminal procedure: discrimination.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants certain employment rights to public safety officers, as defined. The act prohibits, among other things, any punitive action against a public safety officer, denial of promotion on grounds other than merit, or threat of such treatment, because of the lawful exercise of the rights granted under the act, or the exercise of any rights under any existing administrative grievance procedure.</html:p>
<html:p> Existing law, the California Racial Justice Act of 2020, 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.</html:p>
<html:p>Existing law authorizes the Commission on Peace Officer Standards and Training to revoke the certification of a peace officer if the officer has, while employed as a peace officer, engaged in serious misconduct including, among other things, demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner.</html:p>
<html:p>This bill would prohibit a punitive action, denial of promotion on grounds other than merit, or a revocation of certification proceeding from being undertaken against any public safety officer on the basis of a court finding made in a challenge brought under the California Racial Justice Act of 2020, and would prohibit those court findings from being
introduced for any purpose in any administrative appeal of a punitive action. The bill would require, if the defendant is represented by an attorney in a case brought under the California Racial Justice Act of 2020, in the prosecution of a writ of habeas corpus, or in the filing of a motion to vacate a conviction or sentence based on a violation of the California Racial Justice Act of 2020, and the motion or petition is based, in whole or in part, on the conduct of a law enforcement officer, the attorney to serve a copy of the motion on the law enforcement agency employing the officer.</html:p>
<html:p>This bill would incorporate additional changes to Sections 745, 1473, and 1473.7 of the Penal Code proposed by AB 1071 to be operative only if this bill and AB 1071 are enacted and this bill is enacted last.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_F117870B-664B-4897-91DB-A43086244757">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 3305.6 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_F71CB5F2-14B2-4B1A-94D2-D2F858831711">
<ns0:Num>3305.6.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
A punitive action or denial of promotion on grounds other than merit shall not be undertaken by any public agency against any public safety officer because of a court finding made in a challenge brought pursuant to Section 745 of the Penal Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not prohibit a public agency from taking punitive action, denying promotion on grounds other than merit, or taking other personnel action against a public safety officer based on the underlying acts or omissions which formed the basis of the action brought pursuant to Section 745 of the Penal Code, if the actions taken by the public agency otherwise conform to all the rules and procedures applicable
to those proceedings, and the officer is accorded all due process protections provided in those proceedings.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Evidence of a court finding of a violation of Section 745 of the Penal Code shall not be introduced for any purpose in any administrative appeal of a punitive action.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not grant immunity for civil or criminal liability for the underlying acts or omissions which formed the basis of the action brought under Section 745 of the Penal Code.
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<ns0:BillSection id="id_ADF8472C-D369-4F5E-9452-3EA0DFD17961">
<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:LawSection id="id_E34DE4B2-AF9A-435B-B554-5256108C7B0A">
<ns0:Num>745.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
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)
<html:span class="EnSpace"/>
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"/>
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>
(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)
<html:span class="EnSpace"/>
At the conclusion of the hearing, the court shall make findings on the record.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A defendant 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 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 may impose any of the following remedies:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Declare a mistrial, if requested by the defendant.
</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>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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"/>
When the court finds there has been a violation of subdivision (a), the defendant shall not be eligible for the death penalty.
</html:p>
<html:p>
(4)
<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, 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)
<html:span class="EnSpace"/>
To all cases in which judgment is not final.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
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<ns0:BillSection id="id_14515876-27D1-425F-B149-66565FB3C214">
<ns0:Num>SEC. 2.5.</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)
<html:span class="EnSpace"/>
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)
<html:span class="EnSpace"/>
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"/>
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>
(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)
<html:span class="EnSpace"/>
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)
<html:span class="EnSpace"/>
Any other remedy not prohibited by another law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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)
<html:span class="EnSpace"/>
To all cases in which judgment is not final.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 1473 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_1AFBDDC0-3FC5-4DE1-B35D-E65CDE526CA4">
<ns0:Num>1473.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person unlawfully imprisoned or restrained of their liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause of the imprisonment or restraint.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A writ of habeas corpus may be prosecuted for, but not limited to, the following reasons:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
False evidence that is material on the issue of guilt or punishment was introduced against a person at a hearing or trial relating to the person’s incarceration.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
False physical evidence, believed by a person to be factual, probative, or material on the issue of
guilt, which was known by the person at the time of entering a plea of guilty, which was a material factor directly related to the plea of guilty by the person.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
New evidence exists that is presented without substantial delay, is admissible, and is sufficiently material and credible that it more likely than not would have changed the outcome of the case.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this section, “new evidence” means evidence that has not previously been presented and heard at trial and has been discovered after trial.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A significant dispute has emerged or further developed in the petitioner’s favor regarding expert medical, scientific, or forensic testimony that was introduced at trial or a
hearing and that expert testimony more likely than not affected the outcome of the case.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section, the expert medical, scientific, or forensic testimony includes the expert’s conclusion or the scientific, forensic, or medical facts upon which their opinion is based.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this section, the significant dispute may be as to the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Under this section, a significant dispute can be established by credible expert testimony or declaration, or by peer reviewed literature showing that experts in the relevant medical,
scientific, or forensic community, substantial in number or expertise, have concluded that developments have occurred that undermine the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
In assessing whether a dispute is significant, the court shall give great weight to evidence that a consensus has developed in the relevant medical, scientific, or forensic community undermining the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony or that there is a lack of consensus as to the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical,
scientific, or forensic expert based their testimony.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The significant dispute must have emerged or further developed within the relevant medical, scientific, or forensic community, which includes the scientific community and all fields of scientific knowledge on which those fields or disciplines rely and shall not be limited to practitioners or proponents of a particular scientific or technical field or discipline.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
If the petitioner makes a prima facie showing that they are entitled to relief, the court shall issue an order to show cause why relief shall not be granted. To obtain relief, all the elements of this subparagraph must be established by a preponderance of the evidence.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this
subdivision, “false evidence” includes opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by the state of scientific knowledge or later scientific research or technological advances.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any allegation that the prosecution knew or should have known of the false nature of the evidence is immaterial to the prosecution of a writ of habeas corpus brought under subparagraph (A) or (B) of paragraph (1).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This subdivision does not create additional liabilities, beyond those already recognized, for an expert who repudiates the original opinion provided at a hearing or trial or whose opinion has been undermined by scientific research, technological advancements, or because of a reasonable
dispute within the expert’s relevant scientific community as to the validity of the methods, theories, research, or studies upon which the expert based their opinion.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section does not change the existing procedures for habeas relief.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not limit the grounds for which a writ of habeas corpus may be prosecuted or preclude the use of any other remedies.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a writ of habeas corpus may also be prosecuted after judgment has been entered based on evidence that a criminal conviction or sentence was sought, obtained, or imposed in violation of subdivision (a) of Section 745, if that section applies based on the date of judgment as provided
in subdivision (j) of Section 745. A petition raising a claim of this nature for the first time, or on the basis of new discovery provided by the state or other new evidence that could not have been previously known by the petitioner with due diligence, shall not be deemed a successive or abusive petition. If the petitioner has a habeas corpus petition pending in state court, but it has not yet been decided, the petitioner may amend the existing petition with a claim that the petitioner’s conviction or sentence was sought, obtained, or imposed in violation of subdivision (a) of Section 745. The petition shall state if the petitioner requests appointment of counsel and the court shall appoint counsel if the petitioner cannot afford counsel and either the petition alleges facts that would establish a violation of subdivision (a) of Section 745 or the State Public Defender requests counsel be
appointed. Newly appointed counsel may amend a petition filed before their appointment. The court shall review a petition raising a claim pursuant to Section 745 and shall determine if the petitioner has made a prima facie showing of entitlement to relief. If the petitioner makes a prima facie showing that the petitioner is entitled to relief, the court shall issue an order to show cause why relief shall not be granted and hold an evidentiary hearing, unless the state declines to show cause. The defendant may appear remotely, and the court may conduct the hearing through the use of remote technology, unless counsel indicates that the defendant’s presence in court is needed. If the court determines that the petitioner has not established a prima facie showing of entitlement to relief, the court shall state the factual and legal basis for its conclusion on the record or issue a written order detailing the
factual and legal basis for its conclusion.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the defendant is represented by an attorney and the petition alleges a violation of paragraph (1) or (2) of subdivision (a) of Section 745, 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>
(f)
<html:span class="EnSpace"/>
If the court holds an evidentiary hearing and the petitioner is incarcerated in state prison, the petitioner may choose not to appear for the hearing with a signed or oral waiver on record, or they may appear remotely through the use of remote technology, unless counsel indicates that the defendant’s presence in court is needed.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of this section, if the district attorney in the county of conviction or the Attorney General concedes or stipulates to a factual or legal basis for habeas relief, there shall be a presumption in favor of granting relief. This presumption may be overcome only if the record before the court contradicts the concession or stipulation or it would lead to the court issuing an order contrary to law.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If after the court grants postconviction relief under this section and the prosecuting agency elects to retry the petitioner, the petitioner’s postconviction counsel may be appointed as counsel or cocounsel to represent the petitioner on the retrial if both of the following requirements are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The petitioner and
postconviction counsel both agree for postconviction counsel to be appointed.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Postconviction counsel is qualified to handle trials.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Counsel shall be paid under the applicable pay scale for appointed counsel. Otherwise, the court shall appoint other appropriate counsel.
</html:p>
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<ns0:Num>SEC. 3.5.</ns0:Num>
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Section 1473 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_4079F4A0-6FEC-40A4-822C-B7E55210A506">
<ns0:Num>1473.</ns0:Num>
<ns0:LawSectionVersion id="id_2EECA220-717E-45CC-9F94-73FB7030A782">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person unlawfully imprisoned or restrained of their liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause of the imprisonment or restraint.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A writ of habeas corpus may be prosecuted for, but not limited to, the following reasons:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
False evidence that is material on the issue of guilt or punishment was introduced against a person at a hearing or trial relating to the person’s incarceration.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
False physical evidence, believed by a person to be factual, probative, or material on the issue of guilt, which was known by the person at the time of entering a plea
of guilty, which was a material factor directly related to the plea of guilty by the person.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
New evidence exists that is presented without substantial delay, is admissible, and is sufficiently material and credible that it more likely than not would have changed the outcome of the case.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this section, “new evidence” means evidence that has not previously been presented and heard at trial and has been discovered after trial.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A significant dispute has emerged or further developed in the petitioner’s favor regarding expert medical, scientific, or forensic testimony that was introduced at trial or a hearing and that expert testimony more likely than not affected the outcome of the case.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes
of this section, the expert medical, scientific, or forensic testimony includes the expert’s conclusion or the scientific, forensic, or medical facts upon which their opinion is based.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this section, the significant dispute may be as to the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Under this section, a significant dispute can be established by credible expert testimony or declaration, or by peer reviewed literature showing that experts in the relevant medical, scientific, or forensic community, substantial in number or expertise, have concluded that developments have occurred that undermine the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or
forensic expert based their testimony.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
In assessing whether a dispute is significant, the court shall give great weight to evidence that a consensus has developed in the relevant medical, scientific, or forensic community undermining the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony or that there is a lack of consensus as to the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The significant dispute must have emerged or further developed within the relevant medical, scientific, or forensic community, which includes the scientific community and all fields of scientific knowledge on which those fields or disciplines rely and shall not
be limited to practitioners or proponents of a particular scientific or technical field or discipline.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
If the petitioner makes a prima facie showing that they are entitled to relief, the court shall issue an order to show cause why relief shall not be granted. To obtain relief, all the elements of this subparagraph must be established by a preponderance of the evidence.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, “false evidence” includes opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by the state of scientific knowledge or later scientific research or technological advances.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any allegation that the prosecution knew or should have known of the false nature of the evidence is immaterial to the prosecution of a
writ of habeas corpus brought under subparagraph (A) or (B) of paragraph (1).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This subdivision does not create additional liabilities, beyond those already recognized, for an expert who repudiates the original opinion provided at a hearing or trial or whose opinion has been undermined by scientific research, technological advancements, or because of a reasonable dispute within the expert’s relevant scientific community as to the validity of the methods, theories, research, or studies upon which the expert based their opinion.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section does not change the existing procedures for habeas relief, except as provided in subdivision (e).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not limit the grounds for which a writ of habeas corpus may be prosecuted or preclude the use of any other remedies.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other law, a writ of habeas corpus may also be prosecuted after judgment has been entered based on evidence that a criminal conviction or sentence was sought, obtained, or imposed in violation of subdivision (a) of Section 745, if that section applies based on the date of judgment as provided in subdivision (j) of Section 745.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any and all definitions and legal thresholds specified in Section 745 are controlling for purposes of claims alleging a violation of subdivision (a) of Section 745 contained within a habeas petition filed under this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A petitioner, or their counsel, may file a motion for relevant evidence under subdivision (d) of Section 745 upon the prosecution of a petition under this subdivision, or in preparation to file a petition.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A petition raising a claim of this nature for the first time, or on the basis of new discovery provided by the state or other new evidence that could not have been previously known by the petitioner with due diligence, shall not be deemed a successive or abusive petition.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the petitioner has a habeas corpus petition pending in state court, but it has not yet been decided, the petitioner may amend the existing petition with a claim that the petitioner’s conviction or sentence was sought, obtained, or imposed in violation of subdivision (a) of Section 745.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The petition shall state if the petitioner requests appointment of counsel and the court shall appoint counsel if the petitioner cannot afford counsel and either the petition pleads a plausible allegation of a violation of subdivision (a) of Section 745 or the State Public Defender requests counsel be appointed. Newly appointed counsel may amend a petition filed before their appointment.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the defendant is represented by an attorney and the petition alleges a violation of paragraph (1) or (2) of subdivision (a) of Section 745, 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>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The court shall review a petition raising a claim pursuant to Section 745 and shall determine if the petitioner has made a prima facie showing. A prima facie determination shall be based on the petitioner’s showing and the record. The court may request an informal response from the state.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the petitioner makes a prima facie showing, the court shall issue an order to
show cause why relief shall not be granted and hold an evidentiary hearing, unless the state declines to show cause. The defendant may appear remotely, and the court may conduct the hearing through the use of remote technology, unless counsel indicates that the defendant’s presence in court is needed.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the court determines that the petitioner has not established a prima facie showing, the court shall state the factual and legal basis for its conclusion on the record or issue a written order detailing the factual and legal basis for its conclusion.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
If the court finds a violation of subdivision (a), the court shall impose one or more of the applicable remedies as outlined in subdivision (e) of Section 745.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the court holds an evidentiary hearing and the petitioner is incarcerated in state prison, the petitioner may choose not to appear
for the hearing with a signed or oral waiver on record, or they may appear remotely through the use of remote technology, unless counsel indicates that the defendant’s presence in court is needed.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of this section, if the district attorney in the county of conviction or the Attorney General concedes or stipulates to a factual or legal basis for habeas relief, there shall be a presumption in favor of granting relief. This presumption may be overcome only if the record before the court contradicts the concession or stipulation or it would lead to the court issuing an order contrary to law.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If after the court grants postconviction relief under this section and the prosecuting agency elects to retry the petitioner, the petitioner’s postconviction counsel may be appointed as counsel or cocounsel to represent the petitioner on the retrial if
both of the following requirements are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The petitioner and postconviction counsel both agree for postconviction counsel to be appointed.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Postconviction counsel is qualified to handle trials.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Counsel shall be paid under the applicable pay scale for appointed counsel. Otherwise, the court shall appoint other appropriate counsel.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 1473.7 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>1473.7.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person who is no longer in criminal custody may file a motion to vacate a conviction or sentence for any of the following reasons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The conviction or sentence is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. A finding of legal invalidity may, but need not, include a finding of ineffective assistance of counsel.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or
in the interests of justice.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A conviction or sentence was sought, obtained, or imposed on the basis of race, ethnicity, or national origin in violation of subdivision (a) of Section 745.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the motion alleges a violation of paragraph (1) or (2) of subdivision (a) of Section 745, based in whole or in part on the conduct of one or more law enforcement officers, the person shall serve a copy of the motion on the law enforcement agency or agencies that employed the officer or officers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), a motion pursuant to paragraph (1) of subdivision (a) shall be deemed timely filed at any time in which the individual filing the motion is no longer in
criminal custody.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A motion pursuant to paragraph (1) of subdivision (a) may be deemed untimely filed if it was not filed with reasonable diligence after the later of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The moving party receives a notice to appear in immigration court or other notice from immigration authorities that asserts the conviction or sentence as a basis for removal or the denial of an application for an immigration benefit, lawful status, or naturalization.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notice that a final removal order has been issued against the moving party, based on the existence of the conviction or sentence that the moving party seeks to vacate.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A motion
pursuant to paragraph (2) or (3) of subdivision (a) shall be filed without undue delay from the date the moving party discovered, or could have discovered with the exercise of due diligence, the evidence that provides a basis for relief under this section or Section 745.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
All motions shall be entitled to a hearing. Upon the request of the moving party, the court may hold the hearing without the personal presence of the moving party provided that it finds good cause as to why the moving party cannot be present. If the prosecution has no objection to the motion, the court may grant the motion to vacate the conviction or sentence without a hearing.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
When ruling on the motion:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The court shall grant the motion to vacate
the conviction or sentence if the moving party establishes, by a preponderance of the evidence, the existence of any of the grounds for relief specified in subdivision (a). For a motion made pursuant to paragraph (1) of subdivision (a), the moving party shall also establish that the conviction or sentence being challenged is currently causing or has the potential to cause removal or the denial of an application for an immigration benefit, lawful status, or naturalization.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
There is a presumption of legal invalidity for the purposes of paragraph (1) of subdivision (a) if the moving party pleaded guilty or nolo contendere pursuant to a statute that provided that, upon completion of specific requirements, the arrest and conviction shall be deemed never to have occurred, where the moving party complied with these requirements, and where the
disposition under
the statute has been, or potentially could be, used as a basis for adverse immigration consequences.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court grants the motion to vacate a conviction or sentence obtained through a plea of guilty or nolo contendere, the court shall allow the moving party to withdraw the plea.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
When ruling on a motion under paragraph (1) of subdivision (a), the only finding that the court is required to make is whether the conviction is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. When ruling on a motion under paragraph (2) of subdivision (a), the court shall specify the basis for its
conclusion.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An order granting or denying the motion is appealable under subdivision (b) of Section 1237 as an order after judgment affecting the substantial rights of a party.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A court may only issue a specific finding of ineffective assistance of counsel as a result of a motion brought under paragraph (1) of subdivision (a) if the attorney found to be ineffective was given timely advance notice of the motion hearing by the moving party or the prosecutor, pursuant to Section 416.90 of the Code of Civil Procedure.
</html:p>
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<ns0:Num>SEC. 4.5.</ns0:Num>
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Section 1473.7 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_29C8F653-65E3-448B-A4D4-F674B9585527">
<ns0:Num>1473.7.</ns0:Num>
<ns0:LawSectionVersion id="id_39509F1E-E7C8-4A21-94E4-11100C8C83F5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person who is no longer in criminal custody may file a motion to vacate a conviction or sentence for any of the following reasons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The conviction or sentence is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. A finding of legal invalidity may, but need not, include a finding of ineffective assistance of counsel.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A conviction or sentence was sought, obtained, or imposed on the basis of race, ethnicity, or national origin in violation of subdivision (a) of Section 745.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the motion alleges a violation of paragraph (1) or (2) of subdivision (a) of Section 745, based in whole or in part on the conduct of one or more law enforcement officers, the person shall serve a copy of the motion on the law enforcement agency or agencies that employed the officer or officers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), a motion pursuant to paragraph (1) of subdivision (a) shall be deemed timely filed at any time in which the individual filing the motion is no longer in criminal custody.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A motion pursuant to paragraph (1) of subdivision (a) may be deemed untimely filed if it was not filed with reasonable diligence after the later of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The moving party receives a notice to appear in immigration court or other notice from immigration authorities that asserts the conviction or sentence as a basis for removal or the denial of an application for an immigration benefit, lawful status, or naturalization.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notice that a final removal order has been issued against the moving party, based on the existence of the conviction or sentence that
the moving party seeks to vacate.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A motion pursuant to paragraph (2) or (3) of subdivision (a) shall be filed without undue delay from the date the moving party discovered, or could have discovered with the exercise of due diligence, the evidence that provides a basis for relief under this section or Section 745.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
All motions shall be entitled to a hearing. Upon the request of the moving party, the court may hold the hearing without the personal presence of the moving party provided that it finds good cause as to why the moving party cannot be present. If the prosecution has no objection to the motion, the court may grant the motion to vacate the conviction or sentence without a hearing.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In preparation for the filing of a
motion pursuant to paragraph (3) of subdivision (a), the defendant may file a motion to obtain discovery as outlined in subdivision (d) of Section 745.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
When ruling on the motion:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The court shall grant the motion to vacate the conviction or sentence if the moving party establishes, by a preponderance of the evidence, the existence of any of the grounds for relief specified in subdivision (a). For a motion made pursuant to paragraph (1) of subdivision (a), the moving party shall also establish that the conviction or sentence being challenged is currently causing or has the
potential to cause removal or the denial of an application for an immigration benefit, lawful status, or naturalization.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
There is a presumption of legal invalidity for the purposes of paragraph (1) of subdivision (a) if the moving party pleaded guilty or nolo contendere pursuant to a statute that provided that, upon completion of specific requirements, the arrest and conviction shall be deemed never to have occurred, where the moving party complied with these requirements, and where the disposition under the statute has been, or potentially could be, used as a basis for adverse immigration consequences.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court grants the motion to vacate a conviction or sentence obtained through a plea of guilty or nolo contendere, the court shall allow the moving party to withdraw the plea.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
When ruling on a motion
under paragraph (1) of subdivision (a), the only finding that the court is required to make is whether the conviction is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. When ruling on a motion under paragraph (2) of subdivision (a), the court shall specify the basis for its conclusion.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the court grants a motion made pursuant to paragraph (3) of subdivision (a), the court shall impose one or more of the applicable remedies as outlined in subdivision (e) of Section 745.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
An order granting or denying the motion is appealable under subdivision (b) of Section 1237 as an order after judgment affecting the substantial rights of a party.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A court may only issue a specific finding of ineffective assistance of counsel as a result of a motion brought under paragraph (1) of subdivision (a) if the attorney found to be ineffective was given timely advance notice of the motion hearing by the moving party or the prosecutor, pursuant to Section 416.90 of the Code of Civil
Procedure.
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 13510.8 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_71365ABB-330C-4FAB-BAD1-78FB2A1CF0CA">
<ns0:Num>13510.8.</ns0:Num>
<ns0:LawSectionVersion id="id_A1146C27-A54A-4FBE-AFE4-1D54C00F2F69">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The commission shall revoke the certification of a certified peace officer if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission may suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer for, or has, while employed as a peace officer, otherwise engaged in, any serious misconduct as described in subdivision (b).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission may cancel the certificate or proof of eligibility of a peace officer if the commission determines
that there was fraud or misrepresentation made by an applicant at any time during the application process that resulted in the issuance of the certification.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
By January 1, 2023, the commission shall adopt by regulation a definition of “serious misconduct” that shall serve as the criteria to be considered for ineligibility for, or revocation of, certification. This definition shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited to, false statements, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data
recorded by a body-worn camera or other recording device for purposes of concealing misconduct.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Physical abuse, including, but not limited to, the excessive or unreasonable use of force.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Sexual assault, as described in subdivision (b) of Section 832.7.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or
inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner. This paragraph does not limit an employee’s rights under the First Amendment to the United States Constitution.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public, as determined by the commission.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Participation in a law enforcement gang. For the purpose of this paragraph, a “law enforcement gang” means a group of peace officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matching tattoos, and who engage in a pattern of on-duty
behavior that intentionally violates the law or fundamental principles of professional policing, including, but not limited to, excluding, harassing, or discriminating against any individual based on a protected category under federal or state antidiscrimination laws, engaging in or promoting conduct that violates the rights of other employees or members of the public, violating agency policy, the persistent practice of unlawful detention or use of excessive force in circumstances where it is known to be unjustified, falsifying police reports, fabricating or destroying evidence, targeting persons for enforcement based solely on protected characteristics of those persons, theft, unauthorized use of alcohol or drugs on duty, unlawful or unauthorized protection of other members from disciplinary actions, and retaliation against other officers who threaten or interfere with the activities of the
group.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Failure to cooperate with an investigation into potential police misconduct, including an investigation conducted pursuant to this chapter. For purposes of this paragraph, the lawful exercise of rights granted under the United States Constitution, the California Constitution, or any other law shall not be considered a failure to cooperate.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Beginning no later than January 1, 2023, each law enforcement agency shall be responsible for the completion of investigations of allegations of serious misconduct by a peace officer, regardless of their employment status.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The division shall promptly review any grounds for decertification described in subdivision (a) received from an agency. The division shall have the authority to review any agency or other investigative authority file, as well as to conduct additional investigation, if necessary. The division shall have the authority to inspect or duplicate any criminal history information, criminal offender record information, or criminal justice information, including information contained in or derived from the California Law Enforcement Telecommunications System and any other information that would otherwise be
confidential, privileged, or subject to any other restriction on disclosure when that information is included as part of an investigation involving a matter within the commission’s jurisdiction. The division shall only have authority to review and investigate allegations for purposes of decertification.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The board, in their discretion, may request that the division review an investigative file or recommend that the commission direct the division to investigate any potential grounds for decertification of a peace officer. Those requests and recommendations from the board to the division or commission
must be based upon a decision by a majority vote.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The commission, in its discretion, may direct the division to review an investigative file. The commission, either upon its own motion or in response to a recommendation from the board, may direct the division to investigate any potential grounds for decertification of a peace officer.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The division, in its discretion, may investigate without the request of the commission or board any potential grounds for revocation of certification of a peace officer.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The division, in carrying out any investigation initiated pursuant to this section or any other duty shall have all of the powers of investigation granted pursuant to Article 2 (commencing with
Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding any other law, the investigation shall be completed within three years after the receipt of the completed report of the disciplinary or internal affairs investigation from the employing agency pursuant to Section 13510.9, however, no time limit shall apply if a report of the conduct was not made to the commission. An investigation shall be considered completed upon a notice of intent to deny, suspend, or revoke certification issued pursuant to paragraph (1) of subdivision (a) of Section 13510.85. The time limit shall be tolled during the appeal of a termination or other disciplinary action through an administrative or judicial proceeding or during any criminal prosecution of the peace officer. The commission shall consider the peace
officer’s prior conduct and service record, and any instances of misconduct, including any incidents occurring beyond the time limitation for investigation in evaluating whether to revoke certification for the incident under investigation.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
An action by an agency or decision resulting from an appeal of an agency’s action does not preclude action by the commission to investigate, suspend, or revoke a peace officer’s certification pursuant to this section. Whether a particular factual or legal determination in a prior appeal proceeding shall have preclusive effect in proceedings under this chapter shall be governed by the existing law of collateral estoppel.
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(d)
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Upon arrest or indictment of a peace officer for any crime described in Section 1029 of the Government Code, or
discharge from any law enforcement agency for grounds set forth in subdivision (a), or separation from employment of a peace officer during a pending investigation into allegations of serious misconduct, the executive director shall order the immediate temporary suspension of any certificate or proof of eligibility held by that peace officer upon the determination by the executive director that the temporary suspension is in the best interest of the health, safety, or welfare of the public. The order of temporary suspension shall be made in writing and shall specify the basis for the executive director’s determination. Following the issuance of a temporary suspension order, proceedings of the commission in the exercise of its authority to discipline any peace officer shall be promptly scheduled as provided for in this section. The temporary suspension shall continue in effect until issuance of the final
decision on revocation pursuant to this section or until the order is withdrawn by the executive director.
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(e)
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Records of an investigation of any person by the commission shall be retained for 30 years following the date that the investigation is deemed concluded by the commission. The commission may destroy records prior to the expiration of the 30-year retention period if the subject is deceased and no action upon the complaint was taken by the commission beyond the commission’s initial intake of the complaint.
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(f)
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Any peace officer may voluntarily surrender their certification permanently. Voluntary permanent surrender of certification pursuant to this subdivision shall have the same effect as revocation. Voluntary permanent surrender is not the same as placement of a valid
certification into inactive status during a period in which a person is not actively employed as a peace officer. A permanently surrendered certification cannot be reactivated.
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(g)
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(1)
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The commission may initiate proceedings to revoke or suspend a peace officer’s certification for conduct that occurred before January 1, 2022, only for either of the following:
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(A)
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Serious misconduct pursuant to paragraph (1) or (4) of subdivision (b) or pursuant to paragraph (3) of subdivision (b) for the use of deadly force that results in death or serious bodily injury.
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(B)
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If the employing agency makes a final determination regarding its investigation of the misconduct after January 1, 2022.
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(2)
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Nothing in this subdivision prevents the commission from considering the peace officer’s prior conduct and service record in determining whether suspension or revocation is appropriate for serious misconduct.
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(h)
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(1)
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A revocation of certification shall not be undertaken pursuant to this section because of a court finding made in a challenge brought pursuant to Section 745.
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(2)
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This subdivision does not prohibit revocation based on the underlying acts or omissions which formed the basis of the action brought pursuant to Section 745, if the revocation otherwise conforms to all the rules and procedures applicable to those proceedings, and the officer is accorded all due process protections provided
in those proceedings.
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<ns0:Num>SEC. 6.</ns0:Num>
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(a)
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Section 2.5 of this bill incorporates amendments to Section 745 of the Penal Code proposed by both this bill and Assembly Bill 1071. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2026, (2) each bill amends Section 745 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1071, in which case Section 2 of this bill shall not become operative.
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(b)
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Section 3.5 of this bill incorporates amendments to Section 1473 of the Penal Code proposed by both this bill and Assembly Bill 1071. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2026, (2) each bill amends Section 1473 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1071, in which case Section 3 of this bill shall not become operative.
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(c)
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Section 4.5 of this bill incorporates amendments to Section 1473.7 of the Penal Code proposed by both this bill and Assembly Bill 1071. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2026, (2) each bill amends Section 1473.7 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1071, in which case Section
4 of this bill shall not become operative.
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