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.