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CA AB15
Bill
Status
9/23/2010
Primary Sponsor
Felipe Fuentes
Click for details
AI Summary
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Requires courts to advise defendants prior to accepting guilty or nolo contendere pleas that conviction may result in deportation, exclusion from admission to the United States, or denial of naturalization.
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Adds new advisement requirement effective January 1, 2011, informing defendants that if deported and they return illegally, they could be charged with a separate federal offense for illegal reentry.
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Allows defendants to request additional time to consider the plea in light of the immigration consequences advisement.
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Permits defendants to vacate their judgment and withdraw their plea if the court failed to provide the required advisements and the defendant can show conviction may have immigration consequences.
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Establishes that defendants are presumed not to have received the required advisement absent a record that the court provided it.
Legislative Description
Criminal procedure: pleas.
Last Action
Vetoed by Governor.
9/23/2010