Criminal procedure: discrimination.

The formal chapter header was removed, including the STATE OF CALIFORNIA authentication block, Chapter 784 designation, approval date (October 13, 2025), and the legislative counsel's digest summarizing the bill.

Website user interface elements were added, including navigation links (home, accessibility, FAQ, login, sitemap), a quick search box with Bill Number and Bill Keyword fields, version history listing (showing dates from 02/21/25 Introduced through 10/13/25 Chaptered), and action buttons (Track Bill, Add To My Favorites, Share).

The bill header changed from the enrolled format (showing Senate and Assembly passage dates and clerk signatures) to the chaptered format with 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' and Chapter 784 designation.

Governor's approval date was added: 'Approved by Governor October 13, 2025. Filed with Secretary of State October 13, 2025.'

Page numbering and layout were reformatted from the enrolled bill style (SB 734 page headers) to the chaptered publication style (Ch. 784 page headers), with adjusted line breaks and indentation throughout.

A new Section 2.5 is added that provides an alternative version of Penal Code Section 745 incorporating changes proposed by AB 1071. This version would be operative only if both SB 734 and AB 1071 are enacted and SB 734 is enacted last, creating a conditional coordination mechanism between the two bills.

The bill summary is updated to state that the bill 'would incorporate additional changes to Sections 745, 1473, and 1473.7 of the Penal Code proposed by AB 1071 to be operative only if this bill and AB 1071 are enacted and this bill is enacted last.'

In the new Section 2.5 version of Penal Code 745(d), the evidence disclosure provision is expanded from applying only to trial court motions to applying in 'any proceeding alleging a violation of subdivision (a),' and explicitly covers habeas corpus petitions under Section 1473(e)(2) and motions under Section 1473.7(a)(3). This means defendants can request state-held evidence relevant to racial bias claims at the post-conviction stage, not just during trial.

An apparently empty paragraph labeled '(3)' appears in the new Section 2.5 version of Penal Code 745(c), followed by renumbering of the subsequent paragraph from (3) to (4). This may be a placeholder for content from AB 1071 or a drafting artifact.

Removed the right of any person accused of bias or racial animus to have representation during the hearing, including the right for their representative to test the sufficiency of evidence by asking questions of witnesses. Previously this was a guaranteed procedural right; now it is no longer provided for in the statute.

Added a new requirement that if a defendant is represented by an attorney and the motion alleges a violation based on the conduct of one or more law enforcement officers, the attorney must serve a copy of the motion on the law enforcement agency or agencies that employed the officer or officers. This gives the employing agency early notice of pending bias allegations against its personnel.

Clarified the timing of notice to persons accused of bias or racial animus: they must now be provided notice of the allegations 'prior to a motion being filed' rather than simply being 'provided notice of the allegations by the defendant' without a specified timing.

Corrected the bill title to remove a redundant reference to amending Section 745 (the old title read 'to amend Section 745 add Section 3305.6' which was a drafting error). Also updated references from 'Racial Justice Act' to the formal name 'California Racial Justice Act, Act of 2020.'

Removed the word 'solely' from Government Code Section 3305.6(a), changing the protection from prohibiting punitive action taken 'solely because of' a Racial Justice Act court finding to prohibiting it 'because of' such a finding. This means an agency cannot take punitive action against a public safety officer if a Section 745 court finding is one of multiple factors, not just when it is the only factor.

Removed the word 'solely' from Penal Code Section 13510.8(h)(1), applying the same broadening to decertification proceedings by the Commission on Peace Officer Standards and Training. Revocation of certification can no longer be based in part on a Racial Justice Act court finding.

Section 3 (SEC. 3) was removed from the bill's section numbering, with remaining sections renumbered accordingly. The content of Section 13510.8 appears unchanged aside from formatting and pagination adjustments.

The bill now amends Penal Code Section 1473 (habeas corpus) and references Section 1473.7, expanding scope beyond the original Sections 745 and 13510.8. A new Section 3 adds a habeas corpus ground allowing petitions based on violations of the Racial Justice Act (Section 745), with provisions for appointment of counsel, remote appearances, and prima facie showings.

New habeas corpus grounds are added to Section 1473, including: false evidence material to guilt or punishment, false physical evidence that was a material factor in a guilty plea, new evidence discovered after trial, and significant disputes about expert medical, scientific, or forensic testimony introduced at trial. The section clarifies that prosecution knowledge of falsity is not required and that experts face no additional liability for repudiating opinions.

The requirement that any person accused of bias or racial animus be provided notice of allegations before a motion is filed under Section 745 is removed. The provision allowing persons accused of bias, interested parties on their behalf, or interested parties on behalf of the defendant to submit amicus briefs to the court is also removed.

The attorney notice requirement to serve law enforcement agencies is expanded to cover not just trial motions but also habeas corpus petitions and motions under Section 1473.7 that are based on the conduct of a law enforcement officer.

The bar on using Section 745 findings in administrative appeals against peace officers is simplified from a conditional standard (evidence could be introduced only after the underlying act was proven and punitive action found, solely to determine the level of punishment) to an absolute prohibition: evidence of a court finding of a Section 745 violation shall not be introduced for any purpose in any administrative appeal of a punitive action.

Added Government Code Section 3305.6, which prohibits public agencies from taking punitive action or denying promotion against a public safety officer solely because of a court finding under the Racial Justice Act (Penal Code 745). The section also bars introduction of such court findings in administrative appeals of punitive actions, except in limited circumstances where the underlying misconduct is independently proven.

Added Penal Code Section 13510.8, which establishes a full framework for peace officer certification revocation by POST. It defines serious misconduct (including bias, dishonesty, abuse of power, physical abuse, sexual assault, law enforcement gang participation, failure to cooperate with investigations, and failure to intercede), sets a three-year investigation deadline, provides for temporary suspension, requires 30-year record retention, and limits retroactive application to pre-2022 conduct in narrow circumstances.

The bill's stated purpose expanded from amending only Section 745 of the Penal Code to also adding Government Code Section 3305.6 and amending both Sections 745 and 13510.8 of the Penal Code, reflecting a broader legislative goal of balancing Racial Justice Act protections with due process rights for public safety officers.

Added Penal Code Section 13510.8(h), which prohibits revocation of a peace officer's certification solely because of a Racial Justice Act court finding, but permits revocation based on the underlying acts or omissions if due process protections are provided.

Modified Penal Code Section 745(c)(3) to require that notice of allegations be provided to any person accused of bias or racial animus prior to a motion being filed (previously the timing was not specified as pre-filing).

Added Penal Code Section 745(c)(3)(B), which allows any person accused of bias or racial animus, any interested party on behalf of that person, or any interested party on behalf of the defendant to submit an amicus brief to the court in Racial Justice Act proceedings.