AB 2542

  • California Assembly Bill
  • 2019-2020 Regular Session
  • Introduced in Assembly
  • Passed Assembly Jun 08, 2020
  • Passed Senate Aug 31, 2020
  • Signed by Governor Sep 30, 2020

Criminal procedure: discrimination.

Abstract

Existing law generally prescribes the procedure for the prosecution of persons arrested for committing a crime, including pleadings, bail, pretrial proceedings, trial, judgment, sentencing, and appeals. Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, among other things, relief based on the use of false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial. This bill would prohibit the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. The bill would allow a writ of habeas corpus to be prosecuted on the basis of that prohibition, and would require the defendant to appear at the evidentiary hearing by video unless their presence in court is needed. The bill would permit a defendant to file a motion requesting disclosure of all evidence relevant to a potential violation of that prohibition that is in the possession or control of the prosecutor and would require a court, upon a showing of good cause, to order those records to be released. The bill would authorize a court that finds a violation of that prohibition to impose a remedy specified in the bill. The bill would apply its provisions to adjudications and dispositions in the juvenile delinquency system. The bill would apply its provisions only prospectively to cases in which judgment has not been entered prior to January 1, 2021. Existing law creates an explicit right for a person no longer imprisoned or restrained to file a motion to vacate a conviction or sentence based on a prejudicial error damaging to the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or based on newly discovered evidence of actual innocence, as specified. This bill would additionally allow for a person no longer imprisoned or restrained to file a motion to vacate a conviction or sentence based on a conviction or sentence that was sought, obtained, or imposed on the basis of race, ethnicity, or national origin in violation of the bill's provisions. This bill would state that its provisions are severable.

Bill Sponsors (18)

Votes


Actions


Sep 30, 2020

California State Legislature

Chaptered by Secretary of State - Chapter 317, Statutes of 2020.

California State Legislature

Approved by the Governor.

Sep 15, 2020

California State Legislature

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

Aug 31, 2020

Assembly

In Assembly. Concurrence in Senate amendments pending.

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10.).

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 16. Page 5474.).

Assembly

Assembly Rule 63 suspended. (Ayes 57. Noes 15. Page 5466.)

Aug 26, 2020

Senate

Read second time. Ordered to third reading.

Aug 25, 2020

Senate

Read third time and amended. Ordered to second reading.

Aug 24, 2020

Senate

Read second time. Ordered to third reading.

Aug 20, 2020

Senate

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

Senate

From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 20).

Aug 17, 2020

Senate

In committee: Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Aug 08, 2020

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (August 7). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Aug 01, 2020

Senate

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on PUB. S.

Jul 02, 2020

Senate

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Senate

Re-referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Senate

Withdrawn from committee.

Jul 01, 2020

Senate

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on TRANS.

Jun 23, 2020

Senate

Referred to Com. on TRANS.

  • Referral-Committee
Com. on TRANS.

Jun 09, 2020

Senate

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

Jun 08, 2020

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4728.)

Jun 03, 2020

Assembly

Read second time. Ordered to Consent Calendar.

Jun 02, 2020

Assembly

From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (June 2).

May 05, 2020

Assembly

From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (May 4). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Mar 17, 2020

Assembly

In committee: Hearing postponed by committee.

Mar 02, 2020

Assembly

Referred to Com. on TRANS.

  • Referral-Committee
Com. on TRANS.

Feb 20, 2020

Assembly

From printer. May be heard in committee March 21.

Feb 19, 2020

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2542 HTML
02/19/20 - Introduced PDF
07/01/20 - Amended Senate PDF
08/01/20 - Amended Senate PDF
08/20/20 - Amended Senate PDF
08/25/20 - Amended Senate PDF
09/04/20 - Enrolled PDF
09/30/20 - Chaptered PDF

Related Documents

Document Format
No related documents.

Sources

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