Title
Title
Rules and Forms | Criminal Procedure: Rule and Form Revisions Related to the Racial Justice Act (Action Required)
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Summary
Summary
The Racial Justice Act prohibits the state from seeking or obtaining a conviction or sentence based on race, ethnicity, or national origin. To implement recent legislation related to the Racial Justice Act and address urgent issues identified by courts on existing court forms that are used to make a claim under the act, the Appellate Advisory Committee and the Criminal Law Advisory Committee recommend amending two rules of court and revising three forms.
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Recommendation
Recommendation
The Appellate Advisory Committee and the Criminal Law Advisory Committee recommend that the Judicial Council, effective July 1, 2026:
1. Amend California Rules of Court, rules 4.551 and 8.385, to implement legislation clarifying court procedures related to the Racial Justice Act (Assem. Bill 1071);
2. Revise Petition for Writ of Habeas Corpus (form HC-001) to implement Senate Bill 734, which requires service of specified Racial Justice Act claims on law enforcement agencies, improve the presentation of Racial Justice Act claims, and make clarifying and technical changes;
3. Revise Motion to Vacate Conviction or Sentence (form CR-187) to implement Assembly Bill 1071 and Senate Bill 734, add an option stating that the party will request discovery after appointment of counsel, add a case citation, and make clarifying and technical changes; and
4. Revise Order on Motion to Vacate Conviction or Sentence (form CR-188) to make clarifying and technical changes.
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