Racial Justice Act Resources
Article overview: University of San Francisco Law School’s Racial Justice Clinic
SEO structure updated July 24, 2026.
California Racial Justice Act Penal Code 745
University of San Francisco Law School’s Racial Justice Clinic
Office of the State Public Defender (OSPD) Indigent Defense Improvement Division (IDID)
Burns Institute, State of Disparities: California
Racial Disparities in Law Enforcement Stops, Racial Disparities in Traffic Stop
Racial Identity and Profiling Report (RIPA)
How to use these Racial Justice Act resources
Start with the statutory text and current appellate authority, then use practice guides and disparity research to identify the record required for a motion. No single report substitutes for case-specific evidence, procedural compliance and the governing law.
Begin with the site’s California Racial Justice Act summary.
Where should California Racial Justice Act research begin?
Begin with the current text of California Penal Code section 745, then identify the procedural posture of the case. The Racial Justice Act prohibits the state from seeking or obtaining a criminal conviction, or seeking, obtaining or imposing a sentence, on the basis of race, ethnicity or national origin. The statute describes the prohibited conduct, proof standards, disclosure procedure, available remedies and phased retroactive application.
Which filing procedure may apply?
The correct procedure depends on whether judgment is pending or final, whether the person is in custody, whether the claim is based on the trial record, and whether immigration consequences are involved. Current section 745 permits a trial-court motion, a petition for writ of habeas corpus, a motion under Penal Code section 1473.7, and—in qualifying record-based cases—a claim on direct appeal or a request to stay and remand. Researchers should confirm the current statute, rules and forms rather than rely on an older summary.
Racial Justice Act research checklist
- Read the current text of Penal Code section 745, including definitions, proof standards, remedies and effective dates.
- Identify the alleged violation: bias or animus, discriminatory language, charging disparity or sentencing disparity.
- Determine the proper procedural vehicle and court before selecting a form.
- Review current California Rules of Court governing habeas proceedings and Racial Justice Act claims.
- Collect case-specific records, comparator information, aggregate data, expert analysis and trustworthy statements relevant to the alleged violation.
- Check the latest appellate and Supreme Court decisions interpreting section 745 before filing.
For the site’s substantive overview, read the California Racial Justice Act summary and browse the Racial Justice Act article archive.
Current official California resources
- California Penal Code section 745 — current official statutory text.
- California Rule of Court 4.551 — current procedures for superior-court habeas corpus petitions, including section 745 claims.
- Judicial Council form HC-001 — current Petition for Writ of Habeas Corpus form information.
- Judicial Council form CR-187 — current Motion to Vacate Conviction or Sentence form information.
- Judicial Council 2026 Racial Justice Act rule and form revisions — official materials implementing the latest procedural amendments.
- AB 1071 (2025) — chaptered legislation addressing Racial Justice Act procedures.
Related reading: For related context, read California Racial Justice Act Motion: Filed Case Materials, California Racial Justice Act: Courts Must Allow Time to Prepare.
