Bill Text: CA AB15 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminal procedure: pleas.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2010-09-23 - Vetoed by Governor. [AB15 Detail]

Download: California-2009-AB15-Amended.html

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BILL NUMBER: AB 15	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 12, 2010
	AMENDED IN SENATE  SEPTEMBER 4, 2009
	AMENDED IN SENATE  SEPTEMBER 2, 2009
	AMENDED IN ASSEMBLY  MAY 21, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009
	AMENDED IN ASSEMBLY  MARCH 25, 2009
	AMENDED IN ASSEMBLY  FEBRUARY 26, 2009

INTRODUCED BY   Assembly Member Fuentes
   (Principal coauthor: Assembly Member Smyth)

                        DECEMBER 1, 2008

    An act to amend Sections 218, 17207, and 24347.5 of, and
to add Sections 170.5, 195.149, 195.150, and 195.151 to, the Revenue
and Taxation Code, relating to disaster relief, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.  An act to amend Section 1016.5 of
the Penal Code, relating to criminal procedure. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 15, as amended, Fuentes.  Disaster relief. 
 Criminal procedure: pleas.  
   Existing law requires the court, prior to the acceptance of a plea
of guilty or nolo contendere to advise the defendant that if he or
she is not a citizen, conviction of the crime charged may result in
deportation, exclusion from admission to the United States, or denial
of naturalization.  
   This bill would additionally require the court to advise the
defendant that, if he or she is deported from the United States and
returns illegally, he or she could be charged with either or both of
2 separate federal offenses, as specified. The bill would make other
conforming changes.  
   (1) Existing law authorizes a county board of supervisors to
provide by ordinance for the reassessment of property that is damaged
or destroyed, without fault on the part of the assessee, by a major
misfortune or calamity, upon the application of the assessee or upon
the action of the county assessor with the board's approval. With
respect to certain counties that have adopted reassessment ordinances
and have been declared by the Governor to be in a state of emergency
as a result of certain events, existing law provides for state
allocations of the estimated amounts of the reductions in property
tax revenues resulting in certain fiscal years from reassessments
under those ordinances. Existing law also continuously appropriates,
without regard to fiscal years, moneys in the Special Fund for
Economic Uncertainties for purposes of funding these state
allocations.  
   This bill would provide for similar state allocations with respect
to property tax revenue reductions resulting from a reassessment for
damages incurred within the Counties of Los Angeles and Ventura,
which were declared by the Governor to be in a state of emergency due
to the wildfires that commenced in October 2008 or November 2008.
 
   By requiring moneys continuously appropriated from the Special
Fund for Economic Uncertainties to be allocated for the new purpose
of reimbursing the Counties of Los Angeles and Ventura for these
property tax revenue reductions, this bill would make an
appropriation.  
   (2) Existing property tax law provides, pursuant to a specified
provision of the California Constitution, for a homeowners' property
tax exemption in the amount of $7,000 of the full value of a
"dwelling," as defined.  
   This bill would also provide that any dwelling that qualified for
the exemption prior to the commencement dates of the wildfires that
were the subject of the Governor's proclamations in October 2008 and
November 2008, that was damaged or destroyed by the wildfires in the
Counties of Los Angeles and Ventura, and that has not changed
ownership since the commencement date of those wildfires, may not be
denied the exemption solely on the basis that the dwelling was
temporarily damaged or destroyed or was being reconstructed by the
owner, or was temporarily uninhabited as a result of restricted
access to the property due to wildfires.  
   The California Constitution requires the Legislature, in each
fiscal year, to reimburse local governments for the revenue losses
incurred by those governments in that fiscal year as a result of the
homeowners' property tax exemption.  
   This bill would state the intent of the Legislature to make this
required reimbursement in the annual Budget Act. By requiring local
tax officials to implement new exemption criteria, this bill would
impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   (3) The Personal Income Tax Law and the Corporation Tax Law
provide for the carryover to specified taxable years of specified
losses sustained as a result of certain disasters occurring in
California in an area determined by the President of the United
States to warrant specified federal assistance, or proclaimed by the
Governor to be in a state of emergency.  
   This bill would extend these provisions to losses sustained in the
Counties of Los Angeles and Ventura as a result of the wildfires
that commenced in October 2008 or November 2008. This bill would
authorize a taxpayer to make an election to claim a deduction for
those losses on the tax return for the preceding year.
   (4) Existing law requires the auditor of a county which was the
subject of the Governor's proclamation of a state of emergency to
certify to the Director of Finance an estimate of the total reduction
in property tax revenues resulting from the reassessment by the
county assessor of those properties that are eligible as a result of
disasters, and requires the director to verify the county auditor's
estimate and certify that amount to the Controller for allocation to
the county.
   This bill would require, for any fire disaster occurring after
January 1, 2010, the Department of Finance not to certify a county
auditor's estimate of the total reduction in property tax resulting
from the reassessment by the county assessor of eligible properties
as a result of those disasters unless the county demonstrates
compliance with specified requirements at the time the fire disaster
occurred.
   (5) This bill would incorporate additional changes in Sections
218, 17207, and 24347.5 of the Revenue and Taxation Code proposed by
AB 50, to be operative only if AB 50 and this bill are both enacted
and become effective on or before January 1, 2010, both bills amend
those sections, this bill is enacted after AB 50, and both AB 666 and
SB 505 are enacted.
   (6) This bill would become operative only if both AB 666 and SB
505 of the 2009-10 Regular Session of the Legislature are enacted in
2009, and the operative date would depend on the enactment date of
those bills.  
   (7) This bill would declare that it is to take effect immediately
as an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
 yes   no  . Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1016.5 of the   Penal
Code   is amended to read: 
   1016.5.  (a) 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, the court
shall administer  the following   an 
advisement on the record to the  defendant:  
defendant as specified in paragraphs (1) and (2). 
   (  1)     If the plea is accepted after
January 1, 1978, the court shall give the following advisement: 

   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. 
   (2) If the plea is accepted on or after January 1, 2010, the court
shall give the following advisement as well:  
   Further, 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, pursuant to Section 1325,
1326, or both 1325 and 1326, of Title 8 of the United States Code,
which impose harsh penalties. 
   (b) 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. If, after January 1, 1978,
the court fails to advise the defendant as required by  this
section and   paragraph (1) of subdivision (a) or, after
January 1, 2010, fails to advise the defendant as required by
paragraphs (1   ) and (2) of subdivision (a) 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. 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.
   (c) With respect to  pleas   a plea 
accepted prior to  January 1, 1978   the dates
specified in paragraphs (1) and (2) of subdivision (a),  it is
not the intent of the Legislature that a court's failure to provide
the advisement  as  required by subdivision (a)  of
Section 1016.5  should require the vacation of judgment and
withdrawal of the plea or constitute grounds for finding a prior
conviction invalid. Nothing in this section, however, shall be deemed
to inhibit a court, in the sound exercise of its discretion, from
vacating a judgment and permitting a defendant to withdraw a plea.
   (d) The Legislature 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. All matter omitted in
this version of the bill appears in the bill as amended in the
Senate, September 4, 2009. (JR11)