BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 267|
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THIRD READING
Bill No: AB 267
Author: Jones-Sawyer (D)
Amended: 8/26/15 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-1, 6/16/15
AYES: Hancock, Anderson, Leno, Liu, Monning
NOES: Stone
NO VOTE RECORDED: Glazer
ASSEMBLY FLOOR: 57-21, 4/27/15 - See last page for vote
SUBJECT: Criminal procedure: disclosure: felony conviction
consequences
SOURCE: California Attorneys for Criminal Justice
DIGEST: This bill requires the court to inform a defendant of
the various consequences that may result from a felony
conviction prior to a defendant's acceptance of a guilty plea to
a felony offense.
Senate Floor Amendments of 8/26/15 narrow the scope of this
bill.
ANALYSIS:
AB 267
Page 2
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 to administer the following advisement on the
record to the defendant: "[i]f you are not a citizen, you are
hereby advised that the 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. (Penal Code § 1016.5 (a).)
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. (Penal Code § 1016.5 (b).)
3) Provides that 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.
(Penal Code § 1016.5 (b).)
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. (Penal
Code § 1016.5 (b).)
5) Provides that with respect to pleas entered prior to January
1, 1978, it is not the intent of the Legislature that a
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Page 3
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.
(Penal Code § 1016.5 (c).)
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
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 a 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. (Penal Code § 1016.5 (d).)
This bill:
1)Requires the court to "inform the defendant that a conviction
for a felony offense may result in various consequences to the
defendant. The court shall inform the defendant that the plea
of guilty or nolo contendere may impact the following:
a) Ability to obtain employment generally, and may prohibit
from employment in certain jobs;
b) The loss of voting rights while incarcerated and during
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parole;
c) Eligibility to enlist in the military;
d) The ability to obtain or maintain certain state
professional licenses;
e) Eligibility to serve on a jury;
f) Eligibility to own or possess a firearm;
g) Eligibility for federal health care programs if the
felony is related to fraud involving a federal program,
patient abuse, or drugs;
h) Eligibility for federal financial aid if the felony was
committed while the defendant was receiving financial aid;
i) Eligibility for federal cash assistance if the felony is
drug-related;
j) Receipt of Supplemental Security Income; and,
aa) Legal parental and child custody rights."
2)Authorizes the court "to provide the information through a
form notice presented to the defendant of these adverse
consequences."
3)Authorizes the court "to 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."
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4)States that this bill's provisions will not be retroactive, or
constitute grounds for finding a prior conviction invalid or
provide a ground for appeal from the judgment or appealable
order prior to January 1, 2016.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified8/27/15)
California Attorneys for Criminal Justice (source)
American Civil Liberties Union
California Immigrant Policy Center
California Rifle and Pistol Association
Center on Juvenile and Criminal Justice
Legal Services for Prisoners with Children
Law Center to Prevent Gun Violence
OPPOSITION: (Verified8/27/15)
California Judges Association
Judicial Council of California
ARGUMENTS IN SUPPORT: According to the Center on Juvenile and
Criminal Justice (CJCJ):
Many CJCJ clients have accepted plea deals without
being informed of the serious consequences of felony
convictions-consequences they will live with for the
rest of their lives. These records make it difficult
for our clients and other justice-involved to
integrate successfully into the community; they
struggle to find jobs and housing simply due to their
felony convictions, regardless of their efforts and
motivation to lead productive and law-abiding lives.
Moreover, these convictions make people ineligible for
many professional licenses, for citizenship, or for
serving in the military or on a jury.
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California has one of the highest recidivism rates in
the nation. Removing or limiting the barriers to
successful reentry is the key to both lowering
recidivism rates and helping formerly incarcerated
people like our clients reintegrate into society. By
informing defendants of the consequences of accepting
a plea and a felony conviction, defendants will make
more informed decisions about their future.
ARGUMENTS IN OPPOSITION: The California Judges Association
states in part:
AB 267 requires the court to advise the defendant when he or
she first appears for felony arraignment that accepting a
plea or suffering a conviction for a felony may result in
specified consequences. Before a court may accept a plea of
guilty or no contest, the defendant must be advised of the
direct consequences of such a plea.
The court need not advise the defendant of the collateral
consequences, defined as those that do not inexorably flow
from a conviction. For example, it is unnecessary to state
that a guilty plea may be used in a future federal
prosecution or as the basis for confinement under the
sexually violent predator act?Further, even moving the
proposed advisements to the time of plea rather than
arraignment if that were contemplated, would result in
additional court time and delays.
ASSEMBLY FLOOR: 57-21, 4/27/15
AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,
Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman,
Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández,
Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez,
Low, Maienschein, Mathis, McCarty, Medina, Mullin, Nazarian,
O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk,
AB 267
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Williams, Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,
Chávez, Dahle, Beth Gaines, Grove, Hadley, Harper, Jones, Kim,
Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner,
Waldron
NO VOTE RECORDED: Campos, Mayes
Prepared by:Linda Tenerowicz / PUB. S. /
8/28/15 8:51:43
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