Existing law requires, when a defendant is brought before a magistrate upon arrest, on a charge of having committed a public offense, the magistrate to immediately inform the defendant of the charge against him or her and the defendants right to counsel at every stage of the proceedings. Existing law requires the court to inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime.

This bill would require the court, prior to acceptance of a guilty or nolo contendere plea to a felony offense, to inform the defendant that a conviction for a felony may result in various consequences, including, among others, the loss of certain professional licenses, prohibitions against owning or possessing a firearm, and eligibility for enlisting in the military. The bill would make a legislative finding that the failure to provide this advisement with respect to pleas accepted prior to January 1, 2016, would not be cause to vacate a judgment and withdraw a plea, constitute grounds to find a conviction invalid, or provide grounds for appeal from the judgment or appealable order.

Existing law requires, when a defendant is brought before a magistrate upon arrest, on a charge of having committed a public offense, the magistrate to immediately inform the defendant of the charge against him or her and the defendants right to counsel at every stage of the proceedings. Existing law requires the court to inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime.

This bill would require the court, prior to acceptance of a guilty or nolo contendere plea to a felony offense, to inform the defendant that a conviction for a felony may result in various consequences, including, among others, the loss of certain professional licenses, prohibitions against owning or possessing a firearm, and ineligibility eligibility for enlisting in the military. The bill would make a legislative finding that the failure to provide this advisement with respect to pleas accepted prior to January 1, 2016, would not be cause to vacate a judgment or require the and withdrawal of a plea, or constitute grounds to find a conviction invalid. invalid, or provide grounds for appeal from the judgment or appealable order.

Existing law requires, when a defendant is brought before a magistrate upon arrest, on a charge of having committed a public offense, the magistrate to immediately inform the defendant of the charge against him or her and the defendants right to counsel at every stage of the proceedings. Existing law requires the court to inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime.

This bill would require the court, prior to acceptance of a guilty or nolo contendere plea to a felony offense, to inform the defendant that a conviction for a felony may result in various consequences, including, among others, the loss of certain professional licenses, prohibitions against owning or possessing a firearm, and ineligibility for enlisting in the military. The bill would make a legislative finding that the failure to provide this advisement with respect to pleas accepted prior to January 1, 2016, would not be cause to vacate a judgment or require the withdrawal of a plea, or find a conviction invalid.

Existing law requires, when a defendant is brought before a magistrate upon arrest, on a charge of having committed a public offense, the magistrate to immediately inform the defendant of the charge against him or her and the defendants right to counsel at every stage of the proceedings. Existing law requires the court to inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime.

This bill would require the court, when the defendant first appears for arraignment on a felony charge, prior to acceptance of a guilty or nolo contendere plea to a felony offense, to inform the defendant that accepting a plea or suffering a conviction for a felony results may result in various consequences, including, among others, the loss of certain professional licenses, prohibitions against owning or possessing a firearm, and ineligibility for enlisting in the military. The bill would make a legislative finding that the failure to provide this advisement with respect to pleas accepted prior to January 1, 2016, would not be cause to vacate a judgment or require the withdrawal of a plea, or find a conviction invalid.

Existing law requires, when a defendant is brought before a magistrate upon arrest, on a charge of having committed a public offense, the magistrate to immediately inform the defendant of the charge against him or her and the defendants right to counsel at every stage of the proceedings. Existing law requires the court to inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime.

This bill would require the court, when the defendant first appears for arraignment on a felony charge, to inform the defendant that accepting a plea or suffering a conviction for a felony results in various consequences, including, among others, the loss of certain professional licenses, prohibitions against owning or possessing a firearm, and ineligibility for enlisting in the military.

GOVERNOR'S VETO

GV Bill Id:AB 267

Author:(Jones-Sawyer)

As Enrolled Ver:September 9, 2015

2/3 vote

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.

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 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:

   1. Experiencing difficulty in obtaining employment generally, and prohibited from employment in certain jobs;

   2. The loss of voting rights while incarcerated and during parole;

   3. Ineligibility for enlisting in the military;

   4. The loss of certain professional licenses, or the loss of the ability to obtain certain professional licenses;

   5. Ineligibility for serving on a jury;

   6. Ineligibility to own or possess a firearm;

   7. Ineligibility for federal health care programs if the felony is related to fraud involving a federal program, patient abuse, or drugs;

   8. Loss of federal financial aid if the felony was committed while the defendant was receiving financial aid;

   9. Foreign travel restrictions;

   10. Restrictions on receiving Supplemental Security Income; and,

   11. 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 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

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 267

Author:(Jones-Sawyer)

As Amended Ver:August 26, 2015

Majority vote

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.

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 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:

   1. Experiencing difficulty in obtaining employment generally, and prohibited from employment in certain jobs;

   2. The loss of voting rights while incarcerated and during parole;

   3. Ineligibility for enlisting in the military;

   4. The loss of certain professional licenses, or the loss of the ability to obtain certain professional licenses;

   5. Ineligibility for serving on a jury;

   6. Ineligibility to own or possess a firearm;

   7. Ineligibility for federal health care programs if the felony is related to fraud involving a federal program, patient abuse, or drugs;

   8. Loss of federal financial aid if the felony was committed while the defendant was receiving financial aid;

   9. Foreign travel restrictions;

   10. Restrictions on receiving Supplemental Security Income; and,

   11. 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 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."

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0001574

 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:

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 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:

   1. Ability to obtain employment generally, and may prohibit from employment in certain jobs;

   2. The loss of voting rights while incarcerated and during parole;

   3. Eligibility to enlist in the military;

   4. The ability to obtain or maintain certain state professional licenses;

   5. Eligibility to serve on a jury;

   6. Eligibility to own or possess a firearm;

   7. Eligibility for federal health care programs if the felony is related to fraud involving a federal program, patient abuse, or drugs;

   8. Eligibility for federal financial aid if the felony was committed while the defendant was receiving financial aid;

   9. Eligibility for federal cash assistance if the felony is drug-related;

   10. Receipt of Supplemental Security Income; and,

   11. 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.”

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.: No Local: No

SUPPORT: (Verified 8/27/15)

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: (Verified 8/27/15)

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.

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, 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

**** END ****

 THIRD READING  

Bill No: AB 267

Author: Jones-Sawyer (D)

Amended: 4/16/15 in Assembly

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.

ANALYSIS:

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 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, including, but not limited to, the following:

1. Experiencing difficulty in obtaining employment generally, and prohibited from employment in certain jobs;

2. The loss of voting rights while incarcerated and during parole;

3. Ineligibility for enlisting in the military;

4. The loss of certain professional licenses, or the loss of the ability to obtain certain professional licensees;

5. Ineligibility for serving on a jury;

6. Ineligibility to own or possess a firearm;

7. Ineligibility for federal health care programs if the felony is related to fraud involving a federal program, patient abuse, or drugs;

8. Loss of federal financial aid if the felony was committed while the defendant was receiving financial aid;

9. Ineligibility for federal cash assistance if the felony is drug-related;

10. Restrictions on receiving Supplemental Security Income; and,

11. Potential diminished parental and child custody rights.”

1. States that this bill’s provisions will not be retroactive, or constitute grounds for finding a prior conviction invalid prior to January 1, 2016.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/17/15)

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: (Verified 6/16/15)

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.

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, 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. /

6/17/15 10:22:22

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 267 Hearing Date: June 16, 2015

Subject: Criminal Procedure: Disclosure: Felony Conviction Consequences

HISTORY

Source: California Attorneys for Criminal Justice

Prior Legislation: AB 142 (Fuentes) – 2011, vetoed

AB 15 (Fuentes) – 2009, vetoed

AB 806 (Fuentes) – 2010, vetoed

Support: American Civil Liberties Union; California Rifle and Pistol Association; Center on Juvenile and Criminal Justice; Law Center to Prevent Gun Violence; Legal Services for Prisoners with Children

Opposition: California Judges Association; Judicial Council of California

Assembly Floor Vote: 57 - 21

PURPOSE

The purpose of this bill is to require the court, prior to acceptance of a guilty plea to a felony offense, to inform the defendant of the various consequences that may result from a felony conviction.

Existing law 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 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).)

Existing law 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).)

Existing law 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. (Penal Code § 1016.5 (b).)

Existing law 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).)

Existing law provides that with respect to pleas entered prior to January 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. (Penal Code § 1016.5 (c).)

Existing law 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 requires the court to “inform the defendant that a conviction for a felony offense may result in various consequences to the defendant, including, but not limited to, the following:

• Experiencing difficulty in obtaining employment generally, and prohibited from employment in certain jobs;

• The loss of voting rights while incarcerated and during parole;

• Ineligibility for enlisting in the military;

• The loss of certain professional licenses, or the loss of the ability to obtain certain professional licensees;

• Ineligibility for serving on a jury;

• Ineligibility to own or possess a firearm;

• Ineligibility for federal health care programs if the felony is related to fraud involving a federal program, patient abuse, or drugs;

• Loss of federal financial aid if the felony aid if the felony was committed while the defendant was receiving financial aid;

• Ineligibility for federal cash assistance if the felony is drug-related;

• Restrictions on receiving Supplemental Security Income; and,

• Potential diminished parental and child custody rights.”

This bill will not be retroactive, or constitute grounds for finding a prior conviction invalid prior to January 1, 2016.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;

• 141.5% of design bed capacity by February 28, 2015; and,

• 137.5% of design bed capacity by February 28, 2016.

In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).

While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;

• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;

• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;

• Whether a proposal corrects a constitutional problem or legislative drafting error; and

• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for This Legislation

According to the Center on Juvenile and Criminal Justice:

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.

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.

2. Effect of This Legislation

Under current law, prior to any offense, the court shall inform defendants that if not a citizen, the defendant may face consequences including deportation, exclusion from admission to the United States, or denial of naturalization. This bill will require the court to inform defendants of additional consequences associated with a felony conviction before the defendant accepts a plea of guilty to a felony including, but not limited to, the points articulated in this bill. This bill would be prospective following January 1, 2016.

3. Argument 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.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 267

Author:(Jones-Sawyer)

As Amended Ver:April 16, 2015

Majority vote

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. Specifically, this bill:

1. Requires 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:

   1. Experiencing difficulty in obtaining employment generally, and prohibited from employment in certain jobs;

   2. The loss of voting rights while incarcerated and during parole;

   3. Ineligibility for enlisting in the military;

   4. The loss of certain professional licenses, or the loss of the ability to obtain certain professional licenses;

   5. Ineligibility for serving on a jury;

   6. Ineligibility to own or possess a firearm;

   7. Ineligibility for federal health care programs if the felony is related to fraud involving a federal program, patient abuse, or drugs;

   8. Loss of federal financial aid if the felony was committed while the defendant was receiving financial aid;

   9. Foreign travel restrictions;

   10. Restrictions on receiving Supplemental Security Income; and,

   11. Potential diminished parental and child custody rights.

2. States the with respect to a plea accepted prior to January 1, 2016, it is not the intent of the Legislature that a 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.

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 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 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.

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."

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0000167

ASSEMBLY THIRD READING

ATR Bill Id:AB 267

Author:(Jones-Sawyer)

As Amended Ver:April 7, 2015

Majority vote

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. Specifically, this bill:

1. Requires 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:

   1. Experiencing difficulty in obtaining employment generally, and prohibited from employment in certain jobs;

   2. The loss of voting rights while incarcerated and during parole;

   3. Ineligibility for enlisting in the military;

   4. The loss of certain professional licenses, or the loss of the ability to obtain certain professional licenses;

   5. Ineligibility for serving on a jury;

   6. Ineligibility to own or possess a firearm;

   7. Ineligibility for federal health care programs if the felony is related to fraud involving a federal program, patient abuse, or drugs;

   8. Ineligibility for becoming a United States citizen;

   9. Loss of federal financial aid if the felony was committed while the defendant was receiving financial aid;

   10. Foreign travel restrictions;

   11. Ineligibility for federal cash assistance if the felony is drug-related;

   12. Restrictions on receiving Supplemental Security Income; and,

   13. Potential diminished parental and child custody rights.

2. States the with respect to a plea accepted prior to January 1, 2016, it is not the intent of the Legislature that a 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.

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 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 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.

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."

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0000112

Date of Hearing: March 17, 2015

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:AB 267

Author:(Jones-Sawyer) – As Introduced Ver:February 10, 2015
As Proposed to be Amended in Committee

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.

Specifically, this bill:

1. Requires 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:
   
   

   1. Experiencing difficulty in obtaining employment generally, and prohibited from employment in certain jobs;
      
      

   2. The loss of voting rights while incarcerated and during parole;
      
      

   3. Ineligibility for enlisting in the military;
      
      

   4. The loss of certain professional licenses, or the loss of the ability to obtain certain professional licenses;
      
      

   5. Ineligibility for serving on a jury;
      
      

   6. Ineligibility to own or possess a firearm;
      
      

   7. Ineligibility for federal health care programs if the felony is related to fraud involving a federal program, patient abuse, or drugs;
      
      

   8. Ineligibility for becoming a United States citizen;
      
      

   9. Loss of federal financial aid if the felony was committed while the defendant was receiving financial aid;
      
      

   10. Foreign travel restrictions;
       
       

   11. Ineligibility for federal cash assistance if the felony is drug-related;
       
       

   12. Restrictions on receiving Supplemental Security Income; and,
       
       

   13. Potential diminished parental and child custody rights.
       
       

2. States the with respect to a plea accepted prior to January 1, 2016, it is not the intent of
   the Legislature that a 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.

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. (Pen. Code, § 1016.5, subd. (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. (Pen. Code, § 1016.5, subd. (b).)
   
   

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. (Pen. Code, § 1016.5, subd. (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. (Pen. Code, § 1016.5, subd. (b).)
   
   

5. Provides that with respect to pleas entered prior to January 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. (Pen. Code, § 1016.5, subd. (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 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. (Pen. Code, § 1016.5, subd. (d.)
   
   

FISCAL EFFECT:

None

COMMENTS:

1. Author's Statement: 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.”
   
   

2. As Proposed to be Amended: It is anticipated that amendments will be adopted in Committee to require that the proposed advisement be made at the time of the entry of a guilty plea or a plea of nolo contendere to a felony offense rather that at the time arraignment. Often times, an offense that is initially filed or charged as a felony will later be reduced to a misdemeanor or in some instances dismissed. Requiring the advisement to be given at the time of plea will eliminate the possibility of needless advisements being given at the time or arraignment. Also, under existing law, at the time of plea the court is required to advise the defendant of his or her constitutional rights and the fact that they will be giving up those rights be entering a plea of guilty. Further, at the same time, the court must advise the defendant of the immigration consequences of a guilty plea to a felony. This bill, as proposed to be amended, would require the court to, also, advise the defendant of specified additional consequences resulting from a plea of guilty to a felony.
   
   Additionally, the proposed amendments, if adopted, will clarify that the proposed advisement contained in this bill, will only be required to be given prospectively, and the failure to advise the defendant of the specified consequences prior to the effective date of this bill will not be a ground to vacate a prior judgment and conviction.
   
   

3. Argument in Support: The Center on Juvenile and Criminal Justice (CJCJ) states, "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.
   
   "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."
   
   

4. Argument in Opposition: The California Judges Association states "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 not 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. For these reasons, CJA respectfully opposes AB 267 and requests your NO vote."
   
   

5. Prior Legislation:
   
   

   1. AB 142 (Fuentes), of the 2011-12 Legislative Session, required that courts advise defendants that if they are deported from the United States and return illegally, they could be charged with a separate federal offense. AB 142 was vetoed by the Governor.
      
      

   2. AB 806 (Fuentes),of the 2009-10 Legislative Session, required that courts advise defendants that if they are deported from the United States and return illegally, they could be charged with a separate federal offense. AB 806 was vetoed by the Governor.
      
      

   3. AB 15 (Fuentes), of the 2009-10 Legislative Session, required that courts advise defendants that if they are deported from the United States and return illegally, they could be charged with a separate federal offense. AB 806 was vetoed by the Governor.

REGISTERED SUPPORT / OPPOSITION:

Support

California Attorneys for Criminal Justice
American Civil Liberties Union
Center on Juvenile and Criminal Justice
Law Center to Prevent Gun Violence
Legal Center for Prisoners with Children

Opposition

California Judges Association

Analysis Prepared by:

Gregory Pagan/PUB. S./(916) 319-3744