California Legislature—2015–16 Regular Session

Assembly BillNo. 60


Introduced by Assembly Member Gonzalez

December 10, 2014


An act to amend Section 6240 of the Business and Professions Code, relating to immigration services.

LEGISLATIVE COUNSEL’S DIGEST

AB 60, as introduced, Gonzalez. Immigration services: attorneys.

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law prohibits an attorney from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law requires the State Bar to provide specified information relating to immigration reform act services on its Internet Web site.

This bill would revise the definition of an immigration reform act to include Executive Order No. ____, issued by the President on ____, 2014, relating to immigration.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 6240 of the Business and Professions
2Code
is amended to read:

P2    1

6240.  

For purposes of this article, the following definitions
2apply:

3(a) “Immigration reform act”begin delete means any pending or future act
4of Congress that is enacted after the effective date of this section
5but before January 1, 2017, including, but not limited to, the federal
6act known as the “Border Security, Economic Opportunity, and
7Immigration Modernization Act” (S. 744, 2013), that authorizes
8an undocumented immigrant who either entered the United States
9without inspection or who did not depart after the expiration of a
10nonimmigrant visa, to attain a lawful status under federal law. The
11State Bar shall announce and post on its Internet Web site when
12an immigration reform act has been enacted.end delete
begin insert means either of the
13following:end insert

begin insert

14(1) Any pending or future act of Congress that is enacted after
15October 5, 2013, but before January 1, 2017, including, but not
16limited to, the federal act known as the “Border Security, Economic
17Opportunity, and Immigration Modernization Act” (S. 744, 2013),
18that authorizes an undocumented immigrant who either entered
19the United States without inspection or who did not depart after
20the expiration of a nonimmigrant visa, to attain a lawful status
21under federal law. The State Bar shall announce and post on its
22Internet Web site when an immigration reform act has been
23enacted.

end insert
begin insert

24(2) Executive Order No. ____, issued by the President on ____,
252014, relating to immigration.

end insert

26(b) “Immigration reform act services” means services offered
27in connection with an immigration reform act that are necessary
28in the preparation of an application and other related initial
29processes in order for an undocumented immigrant, who either
30entered the United States without inspection or who did not depart
31after the expiration of a nonimmigrant visa, to attain a lawful status
32under an immigration reform act.



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