Loading chat...

CA AB15

Bill

Status

Vetoed

9/23/2010

Primary Sponsor

Felipe Fuentes

Click for details

Origin

State Assembly

2009-2010 Session

AI Summary

  • 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.

  • 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.

  • Allows defendants to request additional time to consider the plea in light of the immigration consequences advisement.

  • 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.

  • 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

Committee Referrals

Public Safety5/20/2010
Rules5/13/2010
Appropriations7/9/2009
Revenue and Taxation6/11/2009
Rules6/2/2009
Appropriations5/20/2009
Revenue and Taxation4/2/2009
Local Government2/26/2009
Revenue and Taxation2/5/2009

Full Bill Text

No bill text available