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AB-149 Criminal procedure: disclosure: felony conviction consequences.(2017-2018)

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Date Published: 01/10/2017 08:55 PM
AB149:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 149


Introduced by Assembly Member Jones-Sawyer

January 10, 2017


An act to add Section 858.2 to the Penal Code, relating to criminal procedure.


LEGISLATIVE COUNSEL'S DIGEST


AB 149, as introduced, Jones-Sawyer. Criminal procedure: disclosure: felony conviction consequences.
Existing law requires, when a defendant first appears for arraignment on a charge of having committed a public offense, the magistrate to immediately inform the defendant that he or she has the right to the aid of counsel in every stage of the proceedings.
This bill would require defense counsel, before a defendant pleads guilty or nolo contendere to an offense punishable as a felony, to inform the defendant that a felony conviction may result in various adverse consequences and that the plea may impact, among other things, the eligibility to obtain or maintain certain state professional licenses, to own or possess a firearm, and to enlist in the military. The bill would state that it is not the intent of the legislature that the failure of defense counsel to provide this information with respect to pleas accepted prior to January 1, 2018, require the vacation of judgment and withdrawal of a plea, constitutes grounds to find a conviction invalid, or provides grounds for appeal from the judgment or appealable order.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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) Before a defendant pleads guilty or nolo contendere to any offense punishable as a felony under state law, defense counsel shall inform the defendant that a felony conviction may result in various adverse consequences for the defendant. Defense counsel shall inform the defendant that the plea of guilty or nolo contendere may impact all of the following:
(1) Ability to obtain employment generally, and may make the defendant ineligible for employment in certain jobs.
(2) The loss of voting rights while incarcerated and while on parole.
(3) Eligibility to enlist in the military.
(4) Eligibility to obtain or maintain certain state professional licenses.
(5) Eligibility to serve on a jury.
(6) Eligibility to own or possess a firearm.
(7) Eligibility for federal health care programs if the felony is related to fraud involving a federal program, patient abuse, or drugs.
(8) Eligibility for federal financial aid if the felony was committed while the defendant was receiving financial aid.
(9) Eligibility for federal cash assistance if the felony is drug related.
(10) Receipt of Supplemental Security Income.
(11) Legal parental and child custody rights.
(b) With respect to a plea accepted prior to January 1, 2018, it is not the intent of the Legislature that the failure of defense counsel to provide the information required by subdivision (a) requires the vacation of judgment and withdrawal of the plea, constitutes grounds for finding a prior conviction invalid, or provides grounds for appeal from the judgment or appealable order.