Criminal procedure: pleas.
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AB 806 — Criminal procedure: pleas.
Last action — Consideration of Governor's veto stricken from file.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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 is not 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 to advise the defendant that, if he or she is deported from the United States and returns illegally, he or she could be charged with either or both of 2 separate federal offenses, as specified. The bill would make other conforming changes.
Bill Text
- Enrolled 09/09/09 - Enrolled Current pdf September 09, 2009
- Amended 05/20/09 - Amended Assembly pdf May 20, 2009
- Introduced 02/26/09 - Introduced pdf February 26, 2009
- AB806 View text html
Action History
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Consideration of Governor's veto stricken from file.
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Consideration of Governor's veto pending.
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Vetoed by Governor.
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Enrolled and to the Governor at 7 p.m.
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In Assembly. To enrollment.
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Read third time, passed, and to Assembly. (Ayes 23. Noes 14. Page 2126.)
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Read second time. To third reading.
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From committee: Do pass. (Ayes 5. Noes 2.) (July 14).
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In committee: Hearing postponed by committee.
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In committee: Hearing postponed by committee.
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Referred to Com. on PUB. S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time, passed, and to Senate. (Ayes 44. Noes 32. Page 1921.)
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Read second time. To third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (May 12).
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 30.
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Read first time. To print.
Sponsors
- Fuentes · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No
Sponsors (1)
- Fuentes
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 13 | 0 | 3 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 24 | 14 | 0 | 3 |
| % of votes cast | 59% | 34% | 0% | 7% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Wyland | — | Nay |
| Cedillo | — | Yea |
| Ducheny | — | Not Voting |
| Hancock | — | Yea |
| Lowenthal | — | Yea |
| Negrete | — | Yea |
| Dutton | — | Nay |
| Harman | — | Nay |
| Hollingsworth | — | Nay |
| Huff | — | Nay |
| Runner | — | Nay |
| Leno | — | Yea |
| Ashburn | — | Nay |
| Benoit | — | Nay |
| Liu | — | Yea |
| Maldonado | — | Not Voting |
| McLeod | — | Yea |
| Oropeza | — | Not Voting |
| Price | — | Yea |
| Romero | — | Yea |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Wiggins | — | Yea |
| Wolk | — | Yea |
| Wright | — | Yea |
| Aanestad | — | Nay |
| Alquist | — | Yea |
| Kehoe | — | Yea |
| Pavley | — | Yea |
| Walters | — | Nay |
| Cogdill | — | Nay |
| Corbett | — | Yea |
| Correa | — | Yea |
| Cox | — | Nay |
| DeSaulnier | — | Yea |
| Denham | — | Nay |
| Florez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 2 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Cedillo | — | Yea |
| Hancock | — | Yea |
| Huff | — | Nay |
| Leno | — | Yea |
| Benoit | — | Nay |
| Steinberg | — | Yea |
| Wright | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 46 | 35 | 0 | 5 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 1 | 2 | 0 | 0 |
| Total | 50 | 37 | 0 | 5 |
| % of votes cast | 54% | 40% | 0% | 5% |
How each member voted (92)
| Member | Party | Vote |
|---|---|---|
| Hagman | — | Nay |
| Hall | — | Yea |
| Evans | — | Yea |
| Fuentes | — | Yea |
| Furutani | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Galgiani | — | Yea |
| Charles | — | Yea |
| Hayashi | — | Yea |
| Hill | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Fong | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Beall | — | Yea |
| Blumenfield | — | Yea |
| Coto | — | Yea |
| Huffman | — | Yea |
| Ma | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Price | — | Yea |
| Ruskin | — | Yea |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Swanson | — | Yea |
| Bill | — | Nay |
| Tom | — | Nay |
| Yamada | — | Yea |
| Fletcher | — | Nay |
| V. | — | Nay |
| Manuel | — | Nay |
| Perez | — | Nay |
| Audra | — | Nay |
| Garrick | — | Nay |
| Gilmore | — | Nay |
| Bonnie | — | Not Voting |
| Lowenthal | — | Not Voting |
| Harkey | — | Nay |
| Conway | — | Nay |
| Cook | — | Nay |
| DeVore | — | Nay |
| Huber | — | Nay |
| Lieu | — | Nay |
| Logue | — | Nay |
| Miller | — | Nay |
| Nava | — | Not Voting |
| Anderson | — | Nay |
| Blakeslee | — | Nay |
| Duvall | — | Nay |
| Silva | — | Nay |
| Smyth | — | Nay |
| Torlakson | — | Yea |
| Torres | — | Yea |
| Tran | — | Nay |
| Villines | — | Nay |
| Adams | — | Nay |
| Ammiano | — | Yea |
| Bass | — | Yea |
| Block | — | Not Voting |
| Brownley | — | Yea |
| Buchanan | — | Not Voting |
| Hernandez | — | Yea |
| Jeffries | — | Nay |
| Knight | — | Nay |
| Krekorian | — | Yea |
| Nestande | — | Nay |
| Nielsen | — | Nay |
| Torrico | — | Yea |
| Emmerson | — | Nay |
| Eng | — | Yea |
| Feuer | — | Yea |
| Davis | — | Yea |
| Fuller | — | Nay |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Bill Berryhill | — | Nay |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Nay |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 2 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hagman | — | Nay |
| Solorio | — | Yea |
| Anderson | — | Nay |
| Hill | — | Yea |
| Ma | — | Yea |
| Skinner | — | Yea |
| Furutani | — | Yea |
Subjects
Frequently asked questions
- What does AB 806 do?
- 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 is not 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 to advise the defendant that, if he or she is deported from the United States and returns illegally, he or she could be charged with either or both of 2 separate federal offenses, as specified. The bill would make other conforming changes.
- Who sponsors AB 806?
- AB 806 is sponsored by Fuentes.
- What is the current status of AB 806?
- This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 806?
- Track AB 806 free on One Click Politics — get push/email alerts when it moves.
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