As the nation faces a reckoning with the scourge of racial injustice rooted in the legacy of slavery and systemic racism, Gov. Gavin Newsom has 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.
“As a nation, we can only truly thrive when every one of us has the opportunity to thrive. Our painful history of slavery has evolved into structural racism and bias built into and permeating throughout our democratic and economic institutions,” said Newsom. “California’s rich diversity is our greatest asset, and we won’t turn away from this moment to make right the discrimination and disadvantages that Black Californians and people of color still face. While there is still so much work to do to unravel this legacy, these pieces of legislation are important steps in the right direction to building a more inclusive and equitable future for all.”
The Governor signed two bills by Assemblymember Shirley Weber (D-79). 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-11), which broadens the source lists from which juries are selected, better diversifying jury pools.
“California has historically led the country on civil rights, yet we have not come to terms with our state’s ugly past that allowed slaveholding within our borders and returned escaped slaves to their masters,” said Weber. “Neither have we effectively addressed our present justice system which allows prosecutors to bar African-Americans from serving on juries. The Governor’s signature on AB 3121 and AB 3070 once again demonstrates that our state is dedicated to leading the nation on confronting and addressing systemic injustice.”
The Governor also signed AB 2542 by Assemblymember Ash Kalra (D-27), 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.
“I am grateful to Governor Newsom for signing AB 2542 and his commitment to rooting out racism from our courts. With the signing of this bill and other actions he has taken, the Governor has well established himself as a national leader on compassionate, thoughtful criminal justice reform.” said Kalra. “Although there is still much more work to do in fixing our broken criminal justice system, the Racial Justice Act is an historic foundational step in upholding Constitutional protections for everyone and moving us closer to a system that truly reflects justice for all.”
