Amended in Senate August 26, 2015

Amended in Assembly April 16, 2015

Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 267

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 begin delete ineligibility end delete begin insert eligibility end insert 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 begin delete or require the end delete begin insert and end insert withdrawal of a plea, begin delete or end delete begin insert constitute grounds to end insert find a conviction begin delete invalid. end delete begin insert invalid, or provide grounds for appeal from the judgment or appealable order. 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 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 begin delete defendant,
including, but not limited to, the following: end delete begin insert defendant. The court
shall inform the defendant that the plea of guilty or nolo contendere
may impact all of the following: end insert

(1)  begin delete Experiencing difficulty in obtaining end delete begin insert Ability to obtain end insert
employment generally, and begin delete prohibited from end delete begin insert may prohibit end insert
employment in certain jobs.

(2) The loss of voting rights while incarcerated and during
parole.

(3)  begin delete Ineligibility for enlisting end delete begin insert Eligibility to enlist end insert in the military.

(4) The begin delete loss of certain professional licenses, or the loss of
the end delete ability to obtain begin insert or maintain end insert certain begin insert state end insert professional licenses.

(5)  begin delete Ineligibility for serving end delete begin insert Eligibility to serve end insert on a jury.

(6)  begin delete Ineligibility end delete begin insert Eligibility end insert to own or possess a firearm.

(7)  begin delete Ineligibility end delete begin insert Eligibility end insert for federal health care programs if
the felony is related to fraud involving a federal program, patient
abuse, or drugs.

(8)  begin delete Loss of end delete begin insert Eligibility for end insert federal financial aid if the felony was
committed while the defendant was receiving financial aid.

(9)  begin delete Ineligibility end delete begin insert Eligibility end insert for federal cash assistance if the
felony is drug-related.

(10)  begin delete Restrictions on receiving end delete begin insert Receipt of end insert Supplemental Security
Income.

(11)  begin delete Potential diminished end delete begin insert Legal end insert parental and child custody
rights.

begin insert

(b) The court may provide the information through a form notice
presented to the defendant or a bulletin posted in the courtroom
informing the defendant of these adverse consequences. The court
may also orally inform the defendant that the actual impacts may
be unknown and that the defendant may consult with his or her
attorney or other qualified expert.

end insert begin delete

(b)

end delete

begin insert (c) end insert  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, begin delete or end delete constitute
grounds for finding a prior conviction begin delete invalid. end delete begin insert invalid, or provide
a ground for appeal from the judgment or appealable order. end insert