BILL NUMBER: AB 267 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 10, 2015
An act to add Section 858.2 to the Penal Code, relating to
criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 267, as introduced, Jones-Sawyer. Criminal procedure:
disclosure: felony conviction consequences.
Existing law requires, when a defendant is brought before a
magistrate upon arrest, on a charge of having committed a public
offense, the magistrate to immediately inform the defendant of the
charge against him or her and the defendant's right to counsel at
every stage of the proceedings. Existing law requires the court to
inform the defendant that there are certain provisions of law
specifically designed for individuals who have active duty or veteran
status and who have been charged with a crime.
This bill would require the court, when the defendant first
appears for arraignment on a felony charge, to inform the defendant
that accepting a plea or suffering a conviction for a felony results
in various consequences, including, among others, the loss of certain
professional licenses, prohibitions against owning or possessing a
firearm, and ineligibility for enlisting in the military.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 858.2 is added to the Penal Code, to read:
858.2. When the defendant first appears for arraignment on a
felony charge, the court shall inform the defendant that accepting a
plea or suffering a conviction for a felony my result in various
consequences to the defendant, including, but not limited to, the
following:
(a) Experiencing difficulty in obtaining employment generally, and
prohibited from employment in certain jobs.
(b) The loss of voting rights while incarcerated and during
parole.
(c) Ineligibility for enlisting in the military.
(d) The loss of certain professional licenses, or the loss of the
ability to obtain certain professional licenses.
(e) Ineligibility for serving on a jury.
(f) Ineligibility to own or possess a firearm.
(g) Ineligibility for federal health care programs if the felony
is related to fraud involving a federal program, patient abuse, or
drugs.
(h) Ineligibility for becoming a United States citizen.
(i) Loss of federal financial aid if the felony was committed
while the defendant was receiving financial aid.
(j) Foreign travel restrictions.
(k) Ineligibility for federal cash assistance if the felony is
drug-related.
(l) Restrictions on receiving Supplemental Security Income.
(m) Potential diminished parental and child custody rights.