SACRAMENTO – Gov. Gavin Newsom Sept. 30, signed a first-in-the-nation law to study and make recommendations on reparations for slavery to the Black community through a state-based task force. He also signed two bills targeting structural racism and bias in our legal system by prohibiting the use of race, ethnicity and national origin to seek or obtain convictions or impose sentences, and to reduce discrimination in jury selection.
The Governor signed two bills by Assemblymember Shirley Weber (D-San Diego). AB 3121 establishes a nine-member task force to inform Californians about slavery and explore ways the state might provide reparations. The Governor also signed Assemblymember Weber’s AB 3070, which would strengthen jury selection procedures and increase transparency to ensure attorney challenges to exclude jurors are not for discriminatory purposes. The Governor previously signed SB 592 by Senator Scott Wiener (D-San Francisco), which broadens the source lists from which juries are selected, better diversifying jury pools.The Governor also signed AB 2542 by Assemblymember Ash Kalra (D-San Jose), which would prohibit the use of race, ethnicity or national origin to seek or obtain convictions or impose sentences. Known as “The California Racial Justice Act,” AB 2542 is a countermeasure to address a widely condemned 1987 legal precedent established by the U.S. Supreme Court in the case of McCleskey v. Kemp. The McCleskey decision has the functional effect of requiring that criminal defendants prove intentional discrimination when challenging racial bias in their legal process. This is a high standard and is almost impossible to meet without direct proof that the racially discriminatory behavior was conscious, deliberate and targeted.