Lmmigration

Assembly Bill No. 142

Passed the Assembly May 31, 2011

Chief Clerk of the Assembly

Passed the Senate August 18, 2011

Secretary of the Senate

This bill was received by the Governor thisof , 2011, at o’clock m.

day

Private Secretary of the Governor

AB 142

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CHAPTER An act to amend Section 1016.5 of the Penal Code, relating to criminal procedure.
legislativecounsel’s digest

AB 142, Fuentes. 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 isnot a citizen, conviction of the crime charged may result in deportation, exclusion from admission to the United States, or denial of naturalization. This bill would additionally require the court toadvise the defendant that, if he or she is deported from the United States and returns illegally, he or she could be charged with a separate federal offense. The bill would make other conformingchanges. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a)  In Padilla v. Kentucky (2010) 130 S.Ct. 1473, the United StatesSupreme Court highlighted the increased significance of immigration consequences that are often inevitable with the making of a guilty or nolo contendere plea. (b)  The United States Supreme Court’sdecision in Padilla v. Kentucky provides evidence of the increasing importance of a defendant’s full knowledge of all immigration consequences of a guilty or nolo contendere plea in weighing whether toenter such a plea. (c)  Consistent with the Supreme Court’s decision in Padilla v. Kentucky, informed consideration of immigration consequences can only benefit both the state and noncitizendefendants during the plea-bargaining process. SEC. 2. 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...