BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 267


                                                                      Page  1


          ASSEMBLY THIRD READING


          AB  
          267 (Jones-Sawyer)


          As Amended  April 16, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                  |Noes                 |
          |----------------+------+----------------------+---------------------|
          |Public Safety   |6-0   |Quirk, Gonzalez,      |                     |
          |                |      |Jones-Sawyer, Lackey, |                     |
          |                |      |Low, Santiago         |                     |
           -------------------------------------------------------------------- 


          SUMMARY:  Requires the court, prior to the acceptance of a guilty  
          plea to a felony offense, to inform the defendant of the various  
          consequences that may result from conviction of a felony.   
          Specifically, this bill:  
          1)Requires the court, prior to the acceptance of a guilty plea or  
            a plea of nolo contendere to a felony offense, to inform the  
            defendant of the various consequences that may result from the  
            conviction of a felony, including, but not limited to the  
            following:
             a)   Experiencing difficulty in obtaining employment generally,  
               and prohibited from employment in certain jobs;
             b)   The loss of voting rights while incarcerated and during  
               parole;


             c)   Ineligibility for enlisting in the military;


             d)   The loss of certain professional licenses, or the loss of  
               the ability to obtain certain professional licenses;








                                                                       AB 267


                                                                      Page  2




             e)   Ineligibility for serving on a jury;


             f)   Ineligibility to own or possess a firearm;


             g)   Ineligibility for federal health care programs if the  
               felony is related to fraud involving a federal program,  
               patient abuse, or drugs;


             h)   Loss of federal financial aid if the felony was committed  
               while the defendant was receiving financial aid;


             i)   Foreign travel restrictions;


             j)   Restrictions on receiving Supplemental Security Income;  
               and,


             aa)  Potential diminished parental and child custody rights.


          2)States the 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 the above  
            provision should require the vacation of judgment and withdrawal  
            of the plea or constitute grounds for finding a prior conviction  
            invalid.



          EXISTING LAW:  

          1)Requires, prior to acceptance of a plea of guilty or nolo  
            contendere to any offense punishable as a crime under state law,  
            the court shall administer the following advisement on the  
            record to the defendant:  "[i]f you are not a citizen, you are  








                                                                       AB 267


                                                                      Page  3


            hereby advised that conviction of the offense for which you have  
            been charged may have the consequences of deportation, exclusion  
            from admission to the United States, or denial of naturalization  
            pursuant to the laws of the United States."  
          2)States that upon request, the court shall allow the defendant  
            additional time to consider the appropriateness of the plea in  
            light of the advisement as described in this section.  


          3)Provides if the court fails to advise the defendant as required  
            by this section and the defendant shows that conviction of the  
            offense to which defendant pleaded guilty or nolo contendere may  
            have the consequences for the defendant of deportation,  
            exclusion from admission to the United States, or denial of  
            naturalization pursuant to the laws of the United States, the  
            court, on defendant's motion, shall vacate the judgment and  
            permit the defendant to withdraw the plea of guilty or nolo  
            contendere, and enter a plea of not guilty.  


          4)States that absent a record that the court provided the  
            advisement required by this section, the defendant shall be  
            presumed not to have received the required advisement.  


          5)Provides that with respect to pleas entered prior to January 1,  
            1978, it is not the intent of the Legislature that a court's  
            failure to provide the required advisement should require the  
            vacation of judgment and withdrawal of the plea or constitute  
            grounds for finding a prior conviction invalid.  


          6)Finds and declares that in many instances involving an  
            individual who is not a citizen of the United States charged  
            with an offense punishable as a crime under state law, a plea of  
            guilty or nolo contendere is entered without the defendant  
            knowing that a conviction of such offense is grounds for  
            deportation, exclusion from admission to the United States, or  
            denial of naturalization pursuant to the laws of the United  
            States.  Therefore, it is the intent of the Legislature in  
            enacting this section to promote fairness to such accused  
            individuals by requiring in such cases that acceptance of a  








                                                                       AB 267


                                                                      Page  4


            guilty plea or plea of nolo contendere be preceded by an  
            appropriate warning of the special consequences for such a  
            defendant which may result from the plea.  It is also the intent  
            of the Legislature that the court in such cases shall grant the  
            defendant a reasonable amount of time to negotiate with the  
            prosecuting agency in the event the defendant or the defendant's  
            counsel was unaware of the possibility of deportation, exclusion  
            from admission to the United States, or denial of naturalization  
            as a result of conviction.  It is further the intent of the  
            Legislature that at the time of the plea no defendant shall be  
            required to disclose his or her legal status to the court.  


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel. 


          COMMENTS:  According to the author, "Currently, upon arrest,  
          police officers are required to inform a suspect of their Miranda  
          rights, which is a 'right to silence' warning given by police to  
          criminal suspects in police custody.  This bill, similarly, will  
          inform defendants verbally of the civil rights they lose if they  
          take a plea and become a felon.  These rights range from a loss of  
          certain professional licensure opportunities or ineligibility for  
          becoming a United States citizen." 


          Analysis Prepared by:      Gregory Pagan / PUB. S. / (916)  
                          319-3744          FN: 0000167 





















                                                                       AB 267


                                                                      Page  5