Bill Text: CA AB267 | 2015-2016 | Regular Session | Enrolled
Bill Title: Criminal procedure: disclosure: felony conviction consequences.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB267 Detail]
Download: California-2015-AB267-Enrolled.html
BILL NUMBER: AB 267 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 4, 2015
AMENDED IN SENATE AUGUST 26, 2015
AMENDED IN ASSEMBLY APRIL 16, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 10, 2015
An act to add Section 858.2 to the Penal Code, relating to
criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 267, Jones-Sawyer. Criminal procedure: disclosure: felony
conviction consequences.
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 defendant's 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 858.2 is added to the Penal Code, to read:
858.2. (a) Prior to acceptance of a plea of guilty or nolo
contendere to any offense punishable as a felony under state law, the
court shall 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 all of the following:
(1) Ability to obtain employment generally, and may prohibit
employment in certain jobs.
(2) The loss of voting rights while incarcerated and during
parole.
(3) Eligibility to enlist in the military.
(4) Theability 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.
(11) Legal parental and child custody rights.
(b) The court may provide the information through a form notice
presented to the defendant or a bulletin posted in the courtroom
informing the defendant of these adverse consequences. The court may
also 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.
(c) 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 subdivision (a) should require the
vacation of judgment and withdrawal of the plea, constitute grounds
for finding a prior conviction invalid, or provide a ground for
appeal from the judgment or appealable order.
