California Assembly Bill AB267 Amended / Bill

 BILL NUMBER: AB 267AMENDED BILL TEXT 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, as amended, 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  ineligibility   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  or require the   and  withdrawal of a plea,  or   constitute grounds to  find a conviction  invalid.   invalid, or provide grounds for appeal from the judgment or appealable order.  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. 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, including, but not limited to, the following:   defendant. The court shall inform the defendant that the plea of guilty or nolo contendere may impact all of the following:  (1)  Experiencing difficulty in obtaining   Ability   to obtain  employment generally, and  prohibited from   may prohibit  employment in certain jobs. (2) The loss of voting rights while incarcerated and during parole. (3)  Ineligibility for enlisting   Eligibility to enlist  in the military. (4) The  loss of certain professional licenses, or the loss of the  ability to obtain  or maintain  certain  state  professional licenses. (5)  Ineligibility for serving   Eligibility to serve  on a jury. (6)  Ineligibility   Eligibility to own or possess a firearm. (7)  Ineligibility   Eligibility    for federal health care programs if the felony is related to fraud involving a federal program, patient abuse, or drugs. (8)  Loss of   Eligibility for  federal financial aid if the felony was committed while the defendant was receiving financial aid. (9)  Ineligibility   Eligibility  for federal cash assistance if the felony is drug-related. (10)  Restrictions on receiving   Receipt   of  Supplemental Security Income. (11)  Potential diminished   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.   (b)   (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,  or  constitute grounds for finding a prior conviction  invalid.   invalid, or provide a ground for appeal from the judgment or appealable order.