A recently passed California Assembly bill, AB 852, mandates that judges consider a convicted criminal's race during sentencing. Introduced by Democratic Assembly Member Reggie Jones-Sawyer, the bill aims to address alleged racial bias within the criminal justice system. Passed by the Assembly in May, it's currently under consideration in the state Senate.

The bill references the California Task Force to Study and Develop Reparation Proposals for African Americans, citing its documentation of historical racial bias in the justice system. It directs judges to consider the unequal impact on historically marginalized communities when determining sentences.

This task force, established in 2020, recently published a report recommending various statewide policies and reparation calculations to address the historical injustices faced by Black Americans. The report suggests a minimum reparation of $1 million per eligible Black Californian, with over $115,000 specifically for over-policing and disproportionate incarceration related to the "war on drugs."

AB 852 seeks to incorporate these findings into sentencing guidelines. However, critics argue that the reparations proposals, including this bill, are financially unsustainable for the state, particularly given its existing deficit. They also question the rationale behind reparations in a state that never legalized slavery.

While Assembly Member Jones-Sawyer hasn't commented on the bill, Republican Assembly Member Tom Lackey, also on the Public Safety Committee, expressed concerns, stating that the justice system should be colorblind and prioritize public safety and victims' rights.