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  JUNE 3, 2010
	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 Section 1016.5 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 15, as amended, Fuentes. 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) In Padilla v. Kentucky (2010) 130 S.Ct. 1473, the United
States Supreme Court highlighted the increased significance of
immigration consequences that are often inevitable with the making of
a guilty or nolo contendere plea.  
   (b) The United States Supreme Court's decision in Padilla v.
Kentucky provides evidence of the increasing importance of a
defendant's full knowledge of all immigration consequences of a
guilty or nolo contendere plea in weighing whether to enter such a
plea.  
   (c) Consistent with the Supreme Court's decision in Padilla v.
Kentucky, informed consideration of immigration consequences can only
benefit both the state and noncitizen defendants during the
plea-bargaining process. 
   SECTION 1.   SEC. 2.   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 an advisement on the record to the 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
  2011  , 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 paragraph (1)
of subdivision (a) or, after January 1,  2010  
2011  , 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 a plea accepted prior to 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) 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.