A Comprehensive Guide to the California Racial Justice Act (Penal Code 745)

What is the California Racial Justice Act?

The California Racial Justice Act, or RJA, is a landmark law located in California Penal Code section 745. It was signed into law in 2020 with the goal of finding and removing racial bias from the state’s criminal justice system. The law aims to stop racial bias from being treated as an unavoidable part of the system and to provide a clear way for people to challenge it in court.

The core of the law is found in section 745(a), which states:

“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.”

What Makes the RJA Different from Older Laws?

Before the RJA, it was extremely difficult for a defendant to challenge racial bias. Courts required a defendant to prove that a specific person (like a prosecutor or juror) acted with conscious, intentional discrimination. This standard, set by the U.S. Supreme Court case McCleskey v. Kemp, made it “virtually impossible” to win a bias claim because proving what someone was thinking is so difficult.

The RJA completely changes this. It is the first law of its kind to allow a defendant to challenge their case based on implicit bias (hidden or unconscious bias) as well as explicit bias (obvious and open bias). A defendant does not need to prove that the bias was intentional to get relief.

What Kinds of Violations Does the RJA Cover?

A person can file a claim under the RJA by showing that one or more of the following violations occurred in their case. These can be proven using direct evidence or with statistical data.

Bias from Courtroom Actors: A judge, prosecutor, defense attorney, law enforcement officer, expert witness, or juror showed bias or hostility toward the defendant based on their race, ethnicity, or national origin. This includes using racially offensive language (even if not directed at the defendant) or relying on racist stereotypes.
Disparate Charging: The defendant was charged or convicted of a more serious crime than other people of different races who were in a similar situation (“similarly situated”).
Disparate Sentencing: The defendant received a longer or more severe sentence than other similarly situated people of different races who were convicted of the same crime.
Bias Based on Victim’s Race: The RJA also looks at the victim’s race. A violation occurs if longer or more severe sentences were imposed on defendants in cases with victims of one race, ethnicity, or national origin than in cases with victims of other races.

How Does a Person Make and Win a Claim?

The process for making an RJA claim has several steps and depends on the status of the case.

1. How to File a Claim

For Cases Still in Trial or on Appeal: A person can file a motion in the trial court. If the trial is over, they can raise the issue on their direct appeal, but only if they objected to the bias in the trial court record.
For Cases That Are Final: If a person’s conviction is final (meaning all appeals are finished), they cannot file a simple motion. The exclusive way to raise a claim is by filing a petition for a writ of habeas corpus.

2. The Court Process

The First Hurdle (Prima Facie Case): The defendant must first show the court enough evidence to suggest that a violation of the RJA could have happened. This is called making a “prima facie showing.”
The Evidentiary Hearing: If a defendant passes this first hurdle, the judge must hold a full hearing. At this hearing, both sides can present evidence, including witness testimony, expert reports, and statistical data.
Burden of Proof: To win, the defendant must prove the violation by a “preponderance of the evidence.” This simply means they must show it is “more likely than not” that the racial bias occurred.

What About Getting Evidence and a Lawyer?

Getting a Lawyer (Right to Counsel)

The RJA provides a way for people who cannot afford a lawyer (indigent) to have one appointed by the court. The standard to get a lawyer is lower than the standard for a full hearing. The petitioner only needs to state facts that, if true, would establish a violation. A court cannot deny a request for a lawyer just because the person hasn’t already fully proven their case.

Getting Evidence (Discovery)

The RJA gives defendants new discovery rights, allowing them to request data and evidence from the prosecution that might be relevant to a potential violation. This is crucial for proving statistical claims about charging or sentencing.

What Happens if a Violation is Found? (The Remedy)

This is one of the most powerful parts of the RJA. If a court finds that racial bias played a role in the case, the law has an “automatic reversal” rule. This means the defendant does not have to prove that the bias is what caused the guilty verdict or longer sentence. The law states that any violation of the RJA is, by itself, a “miscarriage of justice.”

The court must grant a remedy, which can include:

Vacating the Conviction: If the conviction is overturned, the court must order a new trial. The prosecutor is not allowed to re-charge the defendant with a more serious crime.
Vacating the Sentence: If the bias only affected the sentencing, the court must order a new sentencing hearing.
Withdrawing a Plea: If the conviction was the result of a plea bargain, the defendant is allowed to withdraw their plea.

Does This Law Apply to Old Cases? (Timelines & Retroactivity)

Yes. When the RJA was first passed in 2020, it only applied to new cases. However, a 2022 amendment called the Racial Justice for All Act (AB 256) made the law retroactive, meaning it applies to all convictions, no matter how old.

To manage the large number of old cases, the law created a phased-in timeline for people to file their claims:

January 1, 2023: People who are currently incarcerated for a felony conviction.
January 1, 2024: People who are not incarcerated but have a felony conviction.
January 1, 2025: People who have a juvenile adjudication (a conviction from when they were under 18).
January 1, 2026: People who have a misdemeanor conviction.