BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 267


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          GOVERNOR'S VETO


          AB  
          267 (Jones-Sawyer)


          As Enrolled  September 9, 2015


          2/3 vote


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          |ASSEMBLY:  |      | (April 27,    |SENATE: | 31-8 | (September 2,   |
          |           |57-21 |2015)          |        |      |2015)            |
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          |ASSEMBLY:  |      | (September 4, |        |      |                 |
          |           |63-12 |2015)          |        |      |                 |
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          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. 










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          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  








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            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  








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               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  








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            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








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