Sasha Pérez
- Democratic
- Senator
- District 25
Author
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. 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.
Chaptered by Secretary of State. Chapter 666, Statutes of 2025.
Approved by the Governor.
Enrolled and presented to the Governor at 2 p.m.
Assembly amendments concurred in. (Ayes 30. Noes 10. Page 2424.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 53. Noes 18. Page 2764.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 2.) (June 17).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 28. Noes 10. Page 1291.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 1. Page 533.) (March 25).
Set for hearing March 25.
From printer. May be acted upon on or after March 8.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB281 | HTML |
| 02/05/25 - Introduced | |
| 07/15/25 - Amended Assembly | |
| 09/05/25 - Enrolled | |
| 10/12/25 - Chaptered |
| Document | Format |
|---|---|
| 03/21/25- Senate Public Safety | |
| 03/27/25- Sen. Floor Analyses | |
| 06/16/25- Assembly Public Safety | |
| 06/18/25- ASSEMBLY FLOOR ANALYSIS | |
| 07/16/25- ASSEMBLY FLOOR ANALYSIS | |
| 08/28/25- Sen. Floor Analyses |
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