Pleas: immigration.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Public Safety
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill modifies California law regarding plea negotiations to specifically require prosecutors to consider and attempt to avoid adverse immigration consequences for defendants. It mandates that prosecutors meet and confer with defense counsel during negotiations to explore alternative pleas or sentences that would prevent these consequences. If a prosecutor declines an offer to avoid immigration impacts, a court hearing and potential remedy may be ordered to ensure fairness.
Key provisions
- Prosecutors must meet and confer with defense counsel to avoid adverse immigration consequences during plea negotiations.
- A rebuttable presumption exists if a defendant proposes an alternative plea avoiding immigration consequences and the prosecution declines.
- The court must order a hearing if a defendant presents evidence of a violation of the requirement.
- The prosecution must demonstrate ‘good cause’ for declining an alternative plea to avoid immigration consequences.
- If ‘good cause’ is not established, the court must impose a remedy, such as further negotiation or a finding of violation.
- The definition of ‘an offense of comparable or greater seriousness’ is provided.
- The bill does not require defendants to disclose their immigration status.
- The state will reimburse local agencies for any costs associated with the bill if the Commission on State Mandates determines it contains state-mandated costs.
Who is affected
Bill text
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Sponsors
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1 on record
Primary sponsor
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