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Memo: IPG - #48 (Existing & New Laws on Discrimination in Prosecution and Sentencing)

This IPG provides an overview of the existing law regarding selective prosecution as well as the new law (Penal Code section 745) and amendments to existing laws (Penal Code sections 1473 and 1473.7) enacted by “The California Racial Justice Act” (AB 2542). This IPG is not intended to be a commentary on the merits of the new laws. Rather, it focuses on trying to identify, analyze, and propose possible ways of interpreting those aspects of the law that are vague, ambiguous, undefined, or novel.