AB 2065

Bill Subjects

Abstract

(1) Existing law 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 or to allege a violation on appeal. Existing law requires all public records to be made available for inspection to the public, except as specifically exempted. Existing law exempts from disclosure certain records of law enforcement agencies. This bill would require the disclosure of specified arrest records and data and specified probation reports to a licensed attorney that has submitted a request for such records and declared, under penalty of perjury, that the records are being requested for the purpose of investigating a claim or potential claim under the California Racial Justice Act of 2020, as specified. By requiring additional duties of local agencies, this bill would impose a state-mandated local program. By expanding the crime of perjury, this bill would impose a state-mandated local program. (2) Existing law requires the Judicial Council to collect data on criminal cases statewide relating to the disposition of those cases according to the race and ethnicity of the defendant, and report annually to the Legislature. Existing law additionally requires the Department of Justice to compile specified crime statistics and make that information available to the public, as specified. This bill would require the Judicial Council to include additional data in their annual report to the Legislature, and to make the data available to the public in a machine-readable format. The bill would also require the Department of Justice to include additional data in their crime statistics and make those data available to the public in a machine-readable format. The bill would additionally require the Department of Corrections and Rehabilitation to annually publish specified inmate data and to make those data available to the public in a machine-readable format. (3) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.