CaliforniaCriminal procedure: discrimination.
What it does
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.
More detail
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.
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.
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.
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.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 13Chaptered by Secretary of State. Chapter 784, Statutes of 2025.Latest
- Oct 13Approved by the Governor Gavin Newsom.Became Law
- Sep 17Enrolled and presented to the Governor at 2 p.m.To Governor
- Sep 9Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2733.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB734 Caballero Concurrence. Result: pass.Upper
- Sep 8In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 734 Caballero Senate Third Reading By Irwin. Result: pass.Lower
- Sep 8Read third time. Passed. (Ayes 76. Noes 0. Page 2977.) Ordered to the Senate.Major
- Sep 4Ordered to third reading.Minor
- Sep 4Read third time and amended.Major
- Aug 26Ordered to third reading.Minor
- Aug 26Read third time and amended.Major
- Jul 3Read second time. Ordered to third reading.Minor
- Jul 2From committee: Do pass. (Ayes 14. Noes 0.) (July 2).Minor
- Vote recorded Do pass. Result: pass.Lower
- Jun 17From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 17). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jun 5Referred to Com. on PUB. S.Minor
- May 28In Assembly. Read first time. Held at Desk.Minor
- Vote recorded 3rd Reading SB734 Caballero Reconsider. Result: pass.Upper
- Vote recorded 3rd Reading. Result: pass.Upper
- Vote recorded 3rd Reading. Result: pass.Upper
- May 28Read third time. Passed. (Ayes 36. Noes 0. Page 1272.) Ordered to the Assembly.Passed Assembly
- May 28Reconsideration granted. (Ayes 38. Noes 0. Page 1271.)
- May 28Motion to reconsider made by Senator Caballero.
- May 28Read third time. Passed. (Ayes 38. Noes 0. Page 1271.) Ordered to the Assembly.Passed Senate
- May 12Read second time. Ordered to third reading.Minor
- May 8Ordered to second reading.Minor
- May 8Read third time and amended.Major
- Apr 22Read second time. Ordered to third reading.Minor
- Apr 21From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- Apr 4Set for hearing April 21.
- Apr 2Read second time and amended. Re-referred to Com. on APPR.Major
- Apr 1From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 612.) (April 1).Major
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Mar 24From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.Major
- Mar 18Set for hearing April 1.
- Mar 12Referred to Com. on PUB. S.Minor
- Feb 24Read first time.Minor
- Feb 24From printer. May be acted upon on or after March 24.
- Feb 21Introduced. To Com. on RLS. for assignment. To print.Introduced