BILL ANALYSIS
AB 15
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 15 (Fuentes)
As Amended July 1, 2010
Majority vote
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|ASSEMBLY: | |(June 1, 2009) |SENATE: |21-13|(August 24, |
| | | | | |2010) |
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(vote not relevant)
Original Committee Reference: REV. & TAX.
SUMMARY : Requires that courts advise defendants, if they are
deported from the United States and return illegally, that they
could be charged with a separate federal offense.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Require that judges admonish defendants by stating the
following: If you are deported from the United States and
return illegally, you could be charged with a separate federal
offense for illegal reentry into the United States.
2)Specify that the admonition shall only apply to pleas taken
subsequent to January 1, 2011, and this act shall not apply
retroactively.
3)Make legislative findings and declarations related to the
United States Supreme Court case Padilla v. Kentucky (2010)
130 S. Ct. 1473.
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.
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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)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 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.
6)States that any "alien" who enters or attempts to enter the
United States at any time or place other than as designated by
immigration officers, or eludes examination or inspection by
immigration officers, or attempts to enter or obtains entry to
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the United States by a willfully false or misleading
representation or the willful concealment of a material fact,
shall, for the first commission of any such offense, be fined,
or imprisoned not more than six months, or both, and, for a
subsequent commission of any such offense, be fined, or
imprisoned not more than two years, or both.
7)Provides that any "alien" who is apprehended while entering
(or attempting to enter) the United States at a time or place
other than as designated by immigration officers shall be
subject to a civil penalty of at least $50 and not more than
$250 for each such entry (or attempted entry) or twice the
amount specified in the case of an "alien" who has been
previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and
not in lieu of, any criminal or other civil penalties that may
be imposed.
8)States that any individual who knowingly enters into a
marriage for the purpose of evading any provision of the
immigration laws shall be imprisoned for not more than five
years, or fined not more than $250,000, or both.
9)Provides that any individual who knowingly establishes a
commercial enterprise for the purpose of evading any provision
of the immigration laws shall be imprisoned for not more than
five years.
10)Provides that any "alien" who has been denied admission,
excluded, deported, or removed or has departed the United
States while an order of exclusion, deportation, or removal is
outstanding, and thereafter enters, attempts to enter, or is
at any time found in, the United States, unless prior to his
re-embarkation at a place outside the United States or his
application for admission from foreign contiguous territory,
the Attorney General has expressly consented to such "alien's"
reapplying for admission; or with respect to an "alien"
previously denied admission and removed, unless such "alien"
shall establish that he was not required to obtain such
advance consent under this or any prior Act, shall be fined,
or imprisoned not more than two years or both.
11)States that notwithstanding the provisions for criminal
penalties for reentry of excluded "aliens," in the case of any
"alien" described in whose removal was subsequent to a
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conviction for commission of three or more misdemeanors
involving drugs, crimes against the person, or both, or a
felony (other than an aggravated felony), such alien shall be
fined, imprisoned not more than 10 years, or both; or whose
removal was subsequent to a conviction for commission of an
aggravated felony, such alien shall be fined, imprisoned not
more than 20 years, or both.
AS PASSED BY THE ASSEMBLY added the wildfires that occurred in
Los Angeles and Ventura Counties in 2008 to the list of
disasters eligible for full state reimbursement of local
property tax losses, beneficial homeowners' property tax
exemption treatment, and special "carry forward" treatment of
excess disaster losses.
FISCAL EFFECT : None
COMMENTS : This bill was substantially amended in the Senate and
the Assembly-approved provisions of this bill were deleted.
This bill, as amended in the Senate, is inconsistent with
Assembly actions. This bill is similar to AB 806 (Fuentes)
which was vetoed by the Governor on October 11, 2009.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0005254