California 2019-2020 Regular Session Status: Enacted Bipartisan · 5 D · 2 R cosponsors

AB 2542 — Criminal procedure: discrimination.

Last action — Chaptered by Secretary of State - Chapter 317, Statutes of 2020.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2020. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 18 sponsors

    1 primary, 17 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law generally prescribes the procedure for the prosecution of persons arrested for committing a crime, including pleadings, bail, pretrial proceedings, trial, judgment, sentencing, and appeals. Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, among other things, relief based on the use of false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial. This bill would prohibit the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. The bill would allow a writ of habeas corpus to be prosecuted on the basis of that prohibition, and would require the defendant to appear at the evidentiary hearing by video unless their presence in court is needed. The bill would permit a defendant to file a motion requesting disclosure of all evidence relevant to a potential violation of that prohibition that is in the possession or control of the prosecutor and would require a court, upon a showing of good cause, to order those records to be released. The bill would authorize a court that finds a violation of that prohibition to impose a remedy specified in the bill. The bill would apply its provisions to adjudications and dispositions in the juvenile delinquency system. The bill would apply its provisions only prospectively to cases in which judgment has not been entered prior to January 1, 2021. Existing law creates an explicit right for a person no longer imprisoned or restrained to file a motion to vacate a conviction or sentence based on a prejudicial error damaging to the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or based on newly discovered evidence of actual innocence, as specified. This bill would additionally allow for a person no longer imprisoned or restrained to file a motion to vacate a conviction or sentence based on a conviction or sentence that was sought, obtained, or imposed on the basis of race, ethnicity, or national origin in violation of the bill's provisions. This bill would state that its provisions are severable.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 317, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 16. Page 5474.).

  5. Assembly Rule 63 suspended. (Ayes 57. Noes 15. Page 5466.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered returned to second reading.

  12. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 20).

  13. In committee: Referred to APPR. suspense file.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (August 7). Re-referred to Com. on APPR.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  16. Re-referred to Com. on PUB. S.

  17. Re-referred to Com. on RLS.

  18. Withdrawn from committee.

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS.

  20. Referred to Com. on TRANS.

  21. In Senate. Read first time. To Com. on RLS. for assignment.

  22. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4728.)

  23. Read second time. Ordered to Consent Calendar.

  24. From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (June 2).

  25. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (May 4). Re-referred to Com. on APPR.

  26. In committee: Hearing postponed by committee.

  27. Referred to Com. on TRANS.

  28. From printer. May be heard in committee March 21.

  29. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 17 co-sponsors · 104 not signed on · 8 voted No

Sponsors (1)

Co-sponsors (17)

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2542 KALRA Concurrence in Senate Amendments

Passed 49 Yea · 16 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 321108
Democratic 17005
Republican 0501
Total 4916014
% of votes cast 62%20%0%18%
How each member voted (79)
Member Party Vote
Daly — Yea
Gray — Yea
Ting — Yea
Levine — Yea
Nazarian — Yea
Jones-Sawyer — Yea
Friedman — Yea
Wood — Yea
Rendon — Yea
Holden — Yea
Medina — Yea
Bloom — Yea
Mullin — Yea
Chiu — Yea
Burke — Yea
Maienschein — Yea
Weber — Yea
Kamlager — Yea
Santiago — Yea
Gonzalez — Yea
Quirk — Yea
Gloria — Yea
McCarty — Yea
Chu — Yea
Low — Yea
O'Donnell — Yea
Chau — Yea
Bigelow — Nay
Cunningham — Nay
Diep — Nay
Fong — Nay
Brough — Nay
Obernolte — Nay
Waldron — Nay
Mathis — Nay
Kiley — Nay
Mayes — Nay
Frazier — Not Voting
Rodriguez — Not Voting
Salas — Not Voting
Eggman — Not Voting
Voepel — Not Voting
Cooper — Not Voting
Smith — Not Voting
Cooley — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB2542 Kalra et al. By Mitchell

Passed 26 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 19800
Democratic 7003
Republican 0201
Total 261004
% of votes cast 65%25%0%10%
How each member voted (40)
Member Party Vote
Roth — Yea
Galgiani — Yea
Portantino — Yea
Rubio — Yea
Atkins — Yea
Wieckowski — Yea
Hertzberg — Yea
Pan — Yea
Mitchell — Yea
Monning — Yea
Glazer — Yea
Beall — Yea
Hueso — Yea
Leyva — Yea
Allen — Yea
Bradford — Yea
Skinner — Yea
Dodd — Yea
Hill — Yea
Wilk — Nay
Chang — Nay
Borgeas — Nay
Melendez — Nay
Bates — Nay
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Not Voting
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Not Voting
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Hill — Yea
Leyva — Yea
Wieckowski — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Leyva — Yea
Bates — Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 2542 Kalra Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 21001
Unaffiliated 49002
Republican 6000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Friedman — Yea
Cooper — Yea
Smith — Yea
Kiley — Yea
Brough — Yea
Nazarian — Yea
Weber — Yea
Diep — Yea
Bigelow — Yea
Rendon — Yea
Rodriguez — Yea
McCarty — Yea
Bloom — Yea
Burke — Yea
Daly — Yea
Cooley — Yea
Gloria — Yea
Mullin — Yea
Salas — Yea
Fong — Yea
Levine — Yea
Eggman — Yea
Medina — Yea
Waldron — Yea
Gonzalez — Yea
Wood — Yea
Kamlager — Yea
O'Donnell — Yea
Chiu — Yea
Chu — Yea
Cunningham — Yea
Jones-Sawyer — Yea
Ting — Yea
Voepel — Yea
Gray — Yea
Chau — Yea
Mathis — Yea
Frazier — Yea
Obernolte — Yea
Mayes — Yea
Santiago — Yea
Low — Not Voting
Quirk — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 11000
Republican 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Fong — Yea
McCarty — Yea
Voepel — Yea
Chau — Yea
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Bigelow — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 11000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
O'Donnell — Yea
Fong — Yea
Chu — Yea
Daly — Yea
Kiley — Yea
Friedman — Yea
Diep — Yea
Frazier — Yea
Medina — Yea
Nazarian — Yea
Cunningham — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Berman, Marc Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 2542 do?
Existing law generally prescribes the procedure for the prosecution of persons arrested for committing a crime, including pleadings, bail, pretrial proceedings, trial, judgment, sentencing, and appeals. Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, among other things, relief based on the use of false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial. This bill would prohibit the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. The bill would allow a writ of habeas corpus to be prosecuted on the basis of that prohibition, and would require the defendant to appear at the evidentiary hearing by video unless their presence in court is needed. The bill would permit a defendant to file a motion requesting disclosure of all evidence relevant to a potential violation of that prohibition that is in the possession or control of the prosecutor and would require a court, upon a showing of good cause, to order those records to be released. The bill would authorize a court that finds a violation of that prohibition to impose a remedy specified in the bill. The bill would apply its provisions to adjudications and dispositions in the juvenile delinquency system. The bill would apply its provisions only prospectively to cases in which judgment has not been entered prior to January 1, 2021. Existing law creates an explicit right for a person no longer imprisoned or restrained to file a motion to vacate a conviction or sentence based on a prejudicial error damaging to the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or based on newly discovered evidence of actual innocence, as specified. This bill would additionally allow for a person no longer imprisoned or restrained to file a motion to vacate a conviction or sentence based on a conviction or sentence that was sought, obtained, or imposed on the basis of race, ethnicity, or national origin in violation of the bill's provisions. This bill would state that its provisions are severable.
Who sponsors AB 2542?
AB 2542 is sponsored by Kalra, Ash (Democratic), Kamlager, Rivas, Robert (Democratic), Santiago, McCarty, Bradford, Mitchell, Chu, Friedman, Levine, Ting, Weber, Durazo, Maria Elena (Democratic), Wiener, Scott D. (Democratic), Bonta, Mia (Democratic), Gonzalez, Jeff (Republican), and Mark Stone.
What is the current status of AB 2542?
This bill has been enacted into law. Introduced February 19, 2020. Enacted.
Where can I track AB 2542?
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