BILL ANALYSIS Ó AB 267 Page 1 GOVERNOR'S VETO AB 267 (Jones-Sawyer) As Enrolled September 9, 2015 2/3 vote -------------------------------------------------------------------- |ASSEMBLY: | | (April 27, |SENATE: | 31-8 | (September 2, | | |57-21 |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- -------------------------------------------------------------------- |ASSEMBLY: | | (September 4, | | | | | |63-12 |2015) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. 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 offense. AB 267 Page 2 The Senate amendments allow the court to provide required advisement through a form notice presented to the defendant, or a bulletin posted in the courtroom. 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 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 AB 267 Page 3 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 the 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 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. AS PASSED BY THE ASSEMBLY, this bill: 1)Required 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 AB 267 Page 4 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; 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)Stated that with respect to a plea accepted prior to January 1, 2016, it is not the intent of the Legislature that a AB 267 Page 5 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. 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." GOVERNOR'S VETO MESSAGE: This bill requires the court to provide a criminal defendant with information about a wide array of potential consequences of a guilty plea. I believe ensuring adequate consideration of the various consequences of a criminal conviction prior to a guilty plea is the responsibility of the defendant's counsel, who is best situated to determine which advisements are appropriate and meaningful to the defendant. Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0002458 AB 267 Page 6