SB 281: Pleas: immigration advisement.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 5

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 12, 2025Chaptered by Secretary of State. Chapter 666, Statutes of 2025.
2. October 12, 2025Approved by the Governor.
3. September 9, 2025Enrolled and presented to the Governor at 2 p.m.
4. September 3, 2025Assembly amendments concurred in. (Ayes 30. Noes 10. Page 2424.) Ordered to engrossing and enrolling.
5. August 28, 2025In Senate. Concurrence in Assembly amendments pending.
6. August 28, 2025Read third time. Passed. (Ayes 53. Noes 18. Page 2764.) Ordered to the Senate.
7. July 15, 2025Ordered to third reading.
8. July 15, 2025Read third time and amended.
9. June 18, 2025Read second time. Ordered to third reading.
10. June 17, 2025From committee: Do pass. (Ayes 7. Noes 2.) (June 17).
11. June 5, 2025Referred to Com. on PUB. S.
12. May 28, 2025In Assembly. Read first time. Held at Desk.