What California’s AB 1071 Means for Criminal Defendants and Why It Matters

California’s criminal justice system is constantly evolving. One of the most significant developments in recent months is the passage of Assembly Bill 1071 (AB 1071). The passage of AB 1071 reflects a broader effort in California to confront and dismantle racial disparities in the criminal legal system. The bill strengthens legal protections against racial bias in criminal prosecutions and expands the tools available to defendants challenging discrimination in their cases. For individuals and families affected by criminal charges, understanding how this law works and how it could impact one’s case is essential.

AB 1071, signed into law in October 2025, builds on California’s existing Racial Justice Act (RJA), originally enacted in 2020 to prohibit the state from seeking or imposing criminal convictions or sentences based on race, ethnicity, or national origin. While the original Racial Justice Act provided an important foundation, courts and advocates identified gaps in how it was being applied. AB 1071 was drafted to clarify procedures, strengthen access to justice, and ensure that defendants truly have a meaningful opportunity to challenge discriminatory practices.

In essence, AB 1071 makes it easier for criminal defendants to raise claims of racial or national origin discrimination and gives courts clearer guidance on how to handle these claims. For criminal defendants, this law provides:

• More transparency into how decisions were made in their case and greater opportunity to challenge bias that may have affected their outcome. AB 1071 allows a defendant to request disclosure of evidence related to potential discrimination in charging, conviction, or sentencing. This can include relevant data, prosecutor practices, or other information that may reveal bias. This is crucial because, historically, many RJA claims stalled due to a lack of access to data or records that could prove systemic disparities. Now, defendants and their attorneys can seek out the information needed to build a strong case.

• Access to legal support in pursuing claims of discrimination. One of the most impactful aspects of AB 1071 is the clarification that courts must appoint counsel for indigent defendants who file claims alleging racial bias in their criminal proceedings under the Racial Justice Act. This change will level the playing field in complex post-conviction or bias litigation.

• Stronger judicial guidance on how to correct biased outcomes. Under AB 1071, courts are not only empowered but also expected to take meaningful action if racial discrimination is proven. Judges now have explicit authority to impose appropriate remedies, whether that means vacating a conviction, adjusting a sentence, or another lawful remedy. This is a significant change from earlier practice, where courts sometimes lacked clarity on how to respond even after finding bias.

Ultimately, AB 1071 aims to give defendants a more consistent and effective path to justice when racial or national-origin bias may have influenced their criminal case.

Navigating a claim under AB 1071 or the Racial Justice Act requires deep legal knowledge and strategic advocacy. A skilled criminal defense attorney can identify potential indicators of bias in your case; request the necessary evidence and records; prepare motions under AB 1071 or related statutes, and advocate for appropriate remedies in court.

If you believe racial bias played a role in your arrest, conviction, or sentencing, do not face this challenge alone. Legal counsel experienced in RJA and AB 1071 claims can be critical to achieving justice.

At the Justice Firm, our dedicated and experienced lawyers help clients navigate the complexities of the Racial Justice Act and other California sentencing laws. We believe in second chances and will fight to help you or your loved one make the most of this opportunity. If you would like to learn more about AB 1071 or other changes to California’s sentencing laws, contact our office today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here to schedule a confidential consultation with one of our experienced attorneys.