BILL NUMBER: AB 267	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2015
	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, prior to acceptance of a guilty
or nolo contendere plea to a felony offense, to inform the defendant
that a conviction for a felony 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.  (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 a conviction for a felony
offense may result in various consequences to the defendant,
including, but not limited to, the following:
   (1) Experiencing difficulty in obtaining employment generally, and
prohibited from employment in certain jobs.
   (2) The loss of voting rights while incarcerated and during
parole.
   (3) Ineligibility for enlisting in the military.
   (4) The loss of certain professional licenses, or the loss of the
ability to obtain certain professional licenses.
   (5) Ineligibility for serving on a jury.
   (6) Ineligibility to own or possess a firearm.
   (7) Ineligibility for federal health care programs if the felony
is related to fraud involving a federal program, patient abuse, or
drugs. 
   (8) Ineligibility for becoming a United States citizen.

   (9) 
    (8)  Loss of federal financial aid if the felony was
committed while the defendant was receiving financial aid. 
   (10) Foreign travel restrictions.  
   (11) 
    (9   )  Ineligibility for federal cash
assistance if the felony is drug-related. 
   (12) 
    (10   )  Restrictions on receiving Supplemental
Security Income. 
   (13) 
    (11   )  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.