CaliforniaPleas: immigration advisement.
What it does
Existing law requires the court, prior to the acceptance of a plea of guilty or nolo contendere, to advise the defendant that if they are not a citizen, conviction of the crime charged may result in deportation, exclusion from admission to the United States, or denial of naturalization. After January 1, 1978, if the court fails to advise the defendant, as required, and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on the defendant's motion, is required to vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty.
More detail
This bill would require the court to give the above-described advisement verbatim and would clarify the advisement to state that if the defendant is not a citizen of the United States, conviction may result in the specified immigration consequences. The bill would state that for a plea accepted prior to January 1, 2026, it is not the intent of the Legislature that a court's failure to provide the advisement verbatim requires vacation of judgment and withdrawal of the plea or constitutes grounds for finding a prior conviction invalid, as specified.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 12Chaptered by Secretary of State. Chapter 666, Statutes of 2025.Latest
- Oct 12Approved by the Governor Gavin Newsom.Became Law
- Sep 9Enrolled and presented to the Governor at 2 p.m.To Governor
- Sep 3Assembly amendments concurred in. (Ayes 30. Noes 10. Page 2424.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB281 Pérez et al. Concurrence. Result: pass.Upper
- Aug 28In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 281 Pérez Senate Third Reading By Gabriel. Result: pass.Lower
- Aug 28Read third time. Passed. (Ayes 53. Noes 18. Page 2764.) Ordered to the Senate.Passed Assembly
- Jul 15Ordered to third reading.Minor
- Jul 15Read third time and amended.Major
- Jun 18Read second time. Ordered to third reading.Minor
- Jun 17From committee: Do pass. (Ayes 7. Noes 2.) (June 17).Minor
- Vote recorded Do pass. Result: pass.Lower
- Jun 5Referred to Com. on PUB. S.Minor
- May 28In Assembly. Read first time. Held at Desk.Minor
- Vote recorded 3rd Reading. Result: pass.Upper
- May 28Read third time. Passed. (Ayes 28. Noes 10. Page 1291.) Ordered to the Assembly.Passed Senate
- Mar 26Read second time. Ordered to third reading.Minor
- Mar 25From committee: Do pass. (Ayes 5. Noes 1. Page 533.) (March 25).Minor
- Vote recorded Do pass. Result: pass.Upper
- Mar 7Set for hearing March 25.
- Feb 14Referred to Com. on PUB. S.Minor
- Feb 6From printer. May be acted upon on or after March 8.
- Feb 5Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced