YES on AB 1071-The California Racial Justice Act: Court Procedures

AB1071

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YES on AB 1071-The California Racial Justice Act: Court Procedures

Email Subject:

Dear [Your Elected Official],

As your constituent, I ask you to vote YES on AB 1071.
AB 1071 builds upon the Legislature’s work to address racial discrimination and bias in the criminal legal system by making technical, clarifying changes to ensure Racial Justice Act  (RJA) claims are processed consistently and according to the intent of the original law. Specifically, this bill affirms the Legislature’s intent to create a low threshold for the appointment of counsel, ensure access to discovery for petitioners to prove their claims, and directly incorporates Penal Code section 745’s standards and procedures to habeas petitions alleging a violation of the RJA.
Furthermore, AB 1071 creates an independent post-conviction mechanism not tied to the habeas statute to clarify that the more restrictive habeas procedures are not the exclusive procedure for raising claims under Penal Code section 745.
 Lastly, this bill makes several changes to clarify to ensure that a remedy will be applied and expands the range of appropriate remedies. In particular, AB 1071 makes clear that solely prohibiting the death penalty is not sufficient to qualify as a remedy for a violation of the RJA, gives judges the discretion to reduce charges to a lesser included or lesser related offense, and allows diversion as a remedy. 
Again, I ask for your support of this important bill, AB 1071.

Sincerely,

[Your Name]

[Your City & State]

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Summary

From: Friends Committee on Legislation of California Ask your state Senator to vote YES on AB 1071! In 2020, the Legislature enacted the historic California Racial Justice Act (RJA) affirming  that discrimination based on race, ethnicity or national origin has a harmful effect on both individual defendants and our criminal legal system as a whole. It allows a defendant to file a motion at trial or following conviction challenging racial discrimination in their case. If the defendant proves the discrimination occurred, then the case will be sent back for a new trial, or the judge can adjust the charges or sentence in the interest of justice. AB 1071 makes clarifying changes to the procedures for claims under the RJA to ensure more uniform implementation.  It improves the processes for habeas petitions, creates a new code section to allow a post-conviction RJA challenge through a motion in addition to the route of a habeas petition and clarifies the remedies a judge can impose upon the finding of an RJA violation. It will ensure greater access to attorneys and access to information necessary to bring RJA claims.

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