BILL NUMBER: AB 267	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2015

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 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,  when the defendant
first appears for arraignment on a felony charge,  
prior to acceptance of a guilty or nolo contendere plea to a felony
offense,  to inform the defendant that  accepting a plea
or suffering  a conviction for a felony  results
  may result  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.  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. 
   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,   (a)     Prior to
acceptance of a plea of guilty or nolo contendere to any offense
punishable as a felony under state law,  the court shall inform
the defendant that  accepting a plea or suffering  a
conviction for a felony  my   offense may 
result in various consequences to the defendant, including, but not
limited to, the following: 
   (a) 
    (1)  Experiencing difficulty in obtaining employment
generally, and prohibited from employment in certain jobs. 
   (b) 
    (2)  The loss of voting rights while incarcerated and
during parole. 
   (c) 
    (3)  Ineligibility for enlisting in the military.

   (d) 
    (4)  The loss of certain professional licenses, or the
loss of the ability to obtain certain professional licenses. 

   (e) 
    (5)  Ineligibility for serving on a jury. 
   (f) 
    (6)  Ineligibility to own or possess a firearm. 

   (g) 
    (7)  Ineligibility for federal health care programs if
the felony is related to fraud involving a federal program, patient
abuse, or drugs. 
   (h) 
    (8)  Ineligibility for becoming a United States citizen.

   (i) 
    (9)  Loss of federal financial aid if the felony was
committed while the defendant was receiving financial aid. 
   (j) 
    (10)  Foreign travel restrictions. 
   (k) 
    (11)  Ineligibility for federal cash assistance if the
felony is drug-related. 
   (l) 
    (12)  Restrictions on receiving Supplemental Security
Income. 
   (m) 
    (13)  Potential diminished parental and child custody
rights. 
   (b) With respect to a plea accepted prior to January 1, 2016, it
is not the intent of the Legislature that a court's failure to
provide the advisement required by subdivision (a) should require the
vacation of judgment and withdrawal of the plea, or constitute
grounds for finding a prior conviction invalid.