BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1343


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          Date of Hearing:   April 29, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1343 (Thurmond) - As Amended April 16, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill requires defense counsel to provide accurate advice of  
          the potential immigration consequences of a proposed disposition  
          and attempt to defend against those consequences.  Also requires  








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          the prosecution and defense counsel to contemplate immigration  
          consequences in the plea negotiation process.


          FISCAL EFFECT:


          Negligible local nonreimbursable costs as this bill codifies  
          what has been established by the US Supreme Court and the  
          California courts regarding notification by defense attorneys.


          Potential minor reimbursable costs by requiring the prosecution  
          and defense to consider immigration consequences in the plea  
          negotiation process.


          COMMENTS:


          1)Purpose.  According to the author, "In Padilla v. Kentucky,  
            (2010) 559 U.S. 356, the U.S. Supreme Court held that the  
            Sixth Amendment requires defense counsel to provide  
            affirmative and competent advice to noncitizen defendants  
            regarding the potential immigration consequences of their  
            criminal cases. California courts have long since held the  
            same, including that defense counsel must investigate, advise  
            regarding, and defend against, potential adverse immigration  
            consequences of a proposed disposition.



            "In order for the consideration of immigration consequences to  
            result in meaningful change, it is important for both the  
            prosecution and defense to consider immigration consequences  
            in plea negotiations.  The Supreme Court agreed, stating that  
            "informed consideration of possible deportation can only  
            benefit both the State and noncitizen defendants during the  
            plea-bargaining process.  By bringing deportation consequences  








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            into this process, the defense and prosecution may well be  
            able to reach agreements that better satisfy the interests of  
            both parties." 





          2)Background.  Current law requires the court prior, to  
            acceptance of a plea of guilty or nolo contendere to any  
            offense punishable as a crime under state law, except offenses  
            designated as infractions under state law, to administer the  
            following advisement on the record to the defendant:

               "If 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."


               Also under current law, the court, on defendant's motion,  
               is required to vacate the judgment and permit the defendant  
               to withdraw the plea of guilty or nolo contendere, and  
               enter a plea of not guilty, if 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.  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.


          3)Argument in Support:  According to The Immigrant Legal  
            Resource Center, "California has a legacy of statewide  
            policies that support immigration reform.  In the face of  








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            Congressional gridlock, this legislation continues our state's  
            legacy as a leader in responsive and effective immigration  
            policy reform by ensuring that immigrants receive competent  
            and effective legal assistance and fair treatment in our state  
            system."



          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081