Bill > SB281

This bill amends Section 1016.5 of the Penal Code to modify requirements for immigration advisement during criminal plea proceedings. The legislation mandates that courts must provide a verbatim advisement to defendants who are not U.S. citizens, specifically warning them that a conviction may result in potential immigration consequences such as deportation, exclusion from admission to the United States, or denial of naturalization. The bill clarifies that for pleas accepted before January 1, 2026, a court's failure to provide the exact verbatim advisement will not automatically require the vacation of judgment or invalidation of the prior conviction. Importantly, the law continues to allow courts discretion in considering motions to withdraw pleas and maintains the original intent of promoting fairness by ensuring non-citizen defendants understand the potential immigration implications of their guilty or no contest pleas. The legislation also reaffirms that defendants should not be required to disclose their legal status to the court during plea proceedings, and courts should provide defendants reasonable time to negotiate with prosecutors if they were unaware of potential immigration consequences.

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https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB281