Bill Text: CA SB653 | 2013-2014 | Regular Session | Introduced

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Bill Title: Criminal procedure: pleas.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-05-24 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB653 Detail]

Download: California-2013-SB653-Introduced.html

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BILL NUMBER: SB 653	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Knight

                        FEBRUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 653, as introduced, Knight. Criminal procedure: pleas.
   Existing law requires the court, prior to the acceptance of a plea
of guilty or nolo contendere, to advise the defendant that if he or
she is 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.
   This bill would require the motion to be brought before the
expiration of the time period for the destruction of the court
records corresponding to the defendant's offense.
   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 1016.5 of the Penal Code is amended to read:
   1016.5.  (a) Prior to acceptance of a plea of guilty or nolo
contendere to any offense punishable as a crime under state law,
except offenses designated as infractions under state law, the court
shall administer the following advisement on the record to the
defendant:
   If you are not a citizen, you are hereby advised that conviction
of the offense for which you have been charged may have the
consequences of deportation, exclusion from admission to the United
States, or denial of naturalization pursuant to the laws of the
United States.
   (b)  (1)    Upon request, the court shall allow
the defendant additional time to consider the appropriateness of the
plea in light of the advisement  as  described in
this section. If  , after January 1, 1978,  the
court fails to advise the defendant as required by this section 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 defendant's motion,
shall vacate the judgment and permit the defendant to withdraw the
plea of guilty or nolo contendere, and enter a plea of not guilty.
Absent a record that the court provided the advisement required by
this section, the defendant shall be presumed not to have received
the required advisement. 
   (2) A motion brought pursuant to this section shall be brought
before the expiration of the applicable time period for the
destruction of court records corresponding to the defendant's
offense, as described in subdivision (e) of Section 68152 of the
Government Code. 
   (c) With respect to pleas accepted prior to January 1, 1978, it is
not the intent of the Legislature that a court's failure to provide
the advisement required by subdivision (a)  of Section 1016.5
 should require the vacation of judgment and withdrawal of
the plea or constitute grounds for finding a prior conviction
invalid.  Nothing in this   This  section,
however,  shall be deemed to inhibit   does not
prohibit  a court, in the sound exercise of its discretion, from
vacating a judgment and permitting a defendant to withdraw a plea.
   (d) The Legislature finds and declares that in many instances
involving an individual who is not a citizen of the United States
charged with an offense punishable as a crime under state law, a plea
of guilty or nolo contendere is entered without the defendant
knowing that a conviction of such offense is grounds for deportation,
exclusion from admission to the United States, or denial of
naturalization pursuant to the laws of the United States. Therefore,
it is the intent of the Legislature in enacting this section to
promote fairness to  such   those  accused
individuals by requiring in  such   those 
cases that acceptance of a guilty plea or plea of nolo contendere be
preceded by an appropriate warning of the special consequences for
 such a   the  defendant which may result
from the plea. It is also the intent of the Legislature that the
court in  such   those  cases shall grant
the defendant a reasonable amount of time to negotiate with the
prosecuting agency in the event the defendant or the defendant's
counsel was unaware of the possibility of deportation, exclusion from
admission to the United States, or denial of naturalization as a
result of conviction. It is further the intent of the Legislature
that at the time of the plea  no   a 
defendant shall  not  be required to disclose his or her
legal status to the court.