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Bill > SB281


CA SB281

Pleas: immigration advisement.


summary

Introduced
02/05/2025
In Committee
06/05/2025
Crossed Over
05/28/2025
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

An act to amend Section 1016.5 of the Penal Code, relating to criminal procedure.

AI Summary

This bill amends Section 1016.5 of the Penal Code to enhance immigration advisement procedures for criminal defendants who are not U.S. citizens. The bill requires courts to provide a verbatim advisement to defendants before accepting a guilty or no contest plea, explicitly stating that conviction may result in deportation, exclusion from admission to the United States, or denial of naturalization. The legislation clarifies existing law by mandating that the immigration consequences warning must be given word-for-word and specifically emphasizes that the advisement applies to non-U.S. citizens. If a court fails to provide this advisement and the defendant can demonstrate potential immigration consequences, the defendant may request to vacate the judgment and withdraw their plea. The bill also updates language to use gender-neutral terminology (changing "his or her" to "their") and maintains the legislative intent of promoting fairness by ensuring non-citizen defendants are fully aware of the potential immigration impacts of their criminal plea before accepting it. The goal is to protect defendants who may not understand the long-term immigration consequences of their criminal proceedings.

Committee Categories

Justice

Sponsors (1)

Last Action

Assembly Public Safety Hearing (09:00:00 6/17/2025 State Capitol, Room 126) (on 06/17/2025)

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