BILL NUMBER: AB 267	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 26, 2015
	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   eligibility  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   and  withdrawal of a plea, 
or   constitute grounds to  find a conviction
 invalid.   invalid, or provide grounds for
appeal from the judgment or appealable order. 
   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:  
defendant. The court shall inform the defendant that the plea of
guilty or nolo contendere may impact all of the following: 
   (1)  Experiencing difficulty in obtaining  
Ability   to obtain  employment generally, and 
prohibited from   may prohibit  employment in
certain jobs.
   (2) The loss of voting rights while incarcerated and during
parole.
   (3)  Ineligibility for enlisting  
Eligibility to enlist  in the military.
   (4) The  loss of certain professional licenses, or the
loss of the  ability to obtain  or maintain 
certain  state  professional licenses.
   (5)  Ineligibility for serving   Eligibility
to serve  on a jury.
   (6)  Ineligibility   Eligibility to own
or possess a firearm.
   (7)  Ineligibility   Eligibility  
 for federal health care programs if the felony is related to
fraud involving a federal program, patient abuse, or drugs.
   (8)  Loss of   Eligibility for  federal
financial aid if the felony was committed while the defendant was
receiving financial aid.
   (9)  Ineligibility   Eligibility  for
federal cash assistance if the felony is drug-related.
   (10)  Restrictions on receiving   Receipt
  of  Supplemental Security Income.
   (11)  Potential diminished   Legal 
parental and child custody rights. 
   (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.  
   (b) 
    (c)  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.   invalid, or provide a ground for appeal from
the judgment or appealable order.