Bill Text: CA SB1331 | 2009-2010 | Regular Session | Amended
Bill Title: California Racial Justice Act: death penalty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-05-27 - Held in committee and under submission. [SB1331 Detail]
Download: California-2009-SB1331-Amended.html
BILL NUMBER: SB 1331 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2010
INTRODUCED BY Senator Cedillo
( Principal coauthor: Senator
Leno )
FEBRUARY 19, 2010
An act to add Chapter 3 (commencing with Section 3710) to Title 3
of Part 3 of the Penal Code, relating to the death penalty.
LEGISLATIVE COUNSEL'S DIGEST
SB 1331, as amended, Cedillo. California Racial Justice Act: death
penalty.
Existing law provides for the imposition of the death penalty as
punishment for first-degree murder with special circumstances, train
wrecking causing death, treason against the state, perjury resulting
in the execution of an innocent person, and fatal assault by a
convict serving a life sentence.
This bill would prohibit a person from being executed pursuant to
a judgment that was either sought or obtained on the basis of race if
the court makes a finding that race was a significant factor in
seeking or imposing the death penalty. The bill would provide that a
finding that race was a significant factor would include statistical
evidence or other evidence that death sentences were sought or
imposed significantly more frequently upon persons of one race than
upon persons of another race or that race was a significant factor in
decisions to exercise preemptory challenges during jury selection.
This bill would state that it applies retroactively.
Because this bill would place additional duties on prosecutors, it
would impose a state-mandated local program.
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 a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3 (commencing with Section 3710) is added to
Title 3 of Part 3 of the Penal Code, to read:
CHAPTER 3. CALIFORNIA RACIAL JUSTICE ACT
3710. No person shall be condemned to death or shall be executed
pursuant to any judgment that was sought or obtained on the basis of
race.
3711. (a) A finding that race was the basis of a decision to seek
or impose a death sentence may be established if the court finds
that race was a significant factor in the decision to either seek or
impose the death penalty in the county or the state at the time the
death sentence was sought or imposed.
(b) Evidence relevant to establish a finding that race was a
significant factor in decisions to seek or impose the death penalty
in the county or the state at the time the death sentence was sought
or imposed may include statistical evidence or other evidence,
including, but not limited to, the sworn testimony of attorneys,
prosecutors, law enforcement officers, jurors, or other members of
the criminal justice system, that irrespective of statutory factors,
one or more of the following applies:
(1) Death sentences were sought or imposed significantly more
frequently upon persons of one race than upon persons of another
race.
(2) Death sentences were sought or imposed significantly more
frequently as punishment for capital offenses against persons of one
race than as punishment for capital offenses against persons of
another race.
(3) Race was a significant factor in the decision to exercise
preemptory challenges during jury selection.
(c) The defendant shall have the burden of proving by a
preponderance of the evidence that race was a significant factor in
the decision to seek or impose the death penalty in the county or
state at the time the death sentence was sought or imposed. The state
may offer evidence in rebuttal of the defendant's evidence,
including statistical evidence. If a program to eliminate race as a
factor in seeking or imposing the death penalty was in effect in the
county or the state at the time the death sentence was sought or
imposed in the defendant's case, the court may consider that as
evidence in rebuttal.
3712. (a) The defendant shall state with particularity how the
evidence supports the claim that race was a significant factor in
decisions to seek or impose the death penalty in the county or the
state at the time the death sentence was sought or imposed.
(1) The claim may be raised by the defendant in a pretrial motion
or in postconviction proceedings.
(2) The court shall schedule a hearing on the claim and prescribe
a time for the submission of evidence by both parties.
(3) If the court finds that race was a significant factor in the
decision to either seek or impose the death penalty in the county or
the state at the time the death sentence was sought or imposed, the
court shall either order that the death penalty not be sought if the
finding is made before trial, or that the death sentence imposed be
vacated and the defendant sentenced to life imprisonment without the
possibility of parole if the finding is made postconviction.
(b) Any juror testimony offered as evidence shall be consistent
with Section 1150 of the Evidence Code.
(c) Notwithstanding any other provision or time limitation, a
defendant may seek relief from the defendant's death sentence upon
the ground that racial considerations played a significant part in
the decision to either seek or impose the death penalty by filing a
motion seeking relief.
3713. The provisions of this chapter apply retroactively. For
persons under a death sentence imposed before January 1, 2011,
motions under this chapter shall be filed with the California Supreme
Court on or before December 31, 2013 , if the person has been
appointed counsel for habeas corpus proceedings. If the person under
a death sentence has not been appointed counsel for habeas corpus as
of January 1, 2011, the motion shall be filed within three years of
the appointment of counsel for those proceedings . Motions
shall be filed as provided in this act for persons upon whom the
death penalty is imposed on or after January 1, 2011.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
