AB 267, as amended, 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,begin delete when the defendant first appears for arraignment on a felony charge,end deletebegin insert prior to acceptance of a guilty or nolo contendere plea to a felony offense,end insert
to inform the defendant thatbegin delete accepting a plea or sufferingend delete a conviction for a felonybegin delete resultsend deletebegin insert may resultend insert 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.begin insert The bill would make a legislative finding that the failure to provide this advisement with respect to pleas accepted prior to January 1, 2016, would not be cause to vacate a judgment or require the withdrawal of a plea, or find a conviction invalid.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 858.2 is added to the Penal Code, to read:
begin deleteWhen the defendant first appears for arraignment on a begin insert(a)end insertbegin insert end insertbegin insertPrior to acceptance of a plea of guilty or nolo
3felony charge, end delete
4contendere to any offense punishable as a felony under state law,end insert
5 the court shall inform the defendant thatbegin delete accepting a plea or a conviction for a felony
6sufferingend deletebegin delete myend deletebegin insert offense mayend insert result in various
7consequences
to the defendant, including, but not limited to, the
8following:
9(a)
end delete
10begin insert(1)end insert Experiencing difficulty in obtaining employment generally,
11and prohibited from employment in certain jobs.
12(b)
end delete
13begin insert(2)end insert The loss of voting rights while incarcerated and during
14parole.
15(c)
end delete16begin insert(3)end insert Ineligibility for enlisting in the military.
17(d)
end delete
18begin insert(4)end insert The loss of certain professional licenses, or the loss of the
19ability to obtain certain professional licenses.
20(e)
end delete21begin insert(5)end insert Ineligibility for serving on a jury.
22(f)
end delete23begin insert(6)end insert Ineligibility to own or possess a firearm.
24(g)
end delete
25begin insert(7)end insert Ineligibility for federal health care programs if the felony
26is related to fraud involving a federal program, patient abuse, or
27drugs.
28(h)
end delete29begin insert(8)end insert Ineligibility for becoming a United States citizen.
30(i)
end delete
31begin insert(9)end insert Loss of federal financial aid if the felony was committed
32while the defendant was receiving financial aid.
33(j)
end deleteP3 1begin insert(10)end insert Foreign travel restrictions.
2(k)
end delete
3begin insert(11)end insert Ineligibility for federal cash assistance if the felony is
4drug-related.
5(l)
end delete6begin insert(12)end insert Restrictions on receiving Supplemental Security Income.
7(m)
end delete8begin insert(13)end insert Potential diminished parental and child custody rights.
begin insert
9(b) With respect to a plea accepted prior to January 1, 2016, it
10is not the intent of the Legislature that a court’s failure to provide
11the advisement required by subdivision (a) should require the
12vacation of judgment and withdrawal of the plea, or constitute
13grounds for finding a prior conviction invalid.
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