Burgos

Opinion of the Court by Guerrero, C. J.

In 2021, the Legislature passed Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill 333), known as the STEP Forward Act of 2021. (Stats. 2021, ch. 699, § 1.) Assembly Bill 333 amended Penal Code section 186.22 by imposing new substantive requirements relating to gang enhancements and the criminal offense of gang participation.1 (Stats. 2021, ch. 699, § 4.) Assembly Bill 333 also added section 1109, which provides that, if requested by the defense, a trial court must try a gang enhancement charge separately from the underlying offense. (§ 1109, subd. (a); Stats. 2021, ch. 699, § 5.) The statute likewise provides that gang-participation offenses must be tried separately from all other counts that do not require gang evidence as an element of the crime. (§ 1109, subd. (b); Stats. 2021, ch. 699, § 5.) We granted review to determine whether section 1109’s provisions governing bifurcation apply retroactively to cases in which the judgment is not yet final. This question has divided the Courts of Appeal. (Compare People v. Burgos (2022) 77 Cal.App.5th 550, 565–568 (Burgos) [concluding that § 1109 applies retroactively], People v. Montano…