California 2017-2018 Regular Session Status: Enacted

AB 2867 — Criminal procedure: postconviction relief.

Last action — Chaptered by Secretary of State - Chapter 825, Statutes of 2018.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2018. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law creates an explicit right for a person no longer imprisoned or restrained to file a motion to vacate a conviction or sentence based on a prejudicial error damaging to the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or based on newly discovered evidence of actual innocence, as specified. Under existing law, a defendant who files one of these motions is entitled to a hearing. Existing law authorizes the court, at the request of the moving party, to hold the hearing without the personal presence of the moving party if counsel for the moving party is present and the court finds good cause as to why the moving party cannot be present. This bill would specify that a finding based on prejudicial error may, but need not, include a finding of ineffective assistance of counsel and that the only finding that the court is required to make in those cases is whether the conviction is legally invalid due to prejudicial error damaging the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere. The bill would authorize the court, upon the request of the moving party, to hold the hearing without the personal presence of the moving party and without the moving party's counsel present provided that it finds good cause as to why the moving party cannot be present. The bill would, if the prosecution has no objection to the motion, authorize the court to grant the motion to vacate the conviction or sentence without a hearing. This bill would prohibit the court from issuing a specific finding of ineffective assistance of counsel as a result of a motion brought under these provisions unless the attorney found to be ineffective was given timely advance notice of the motion hearing by the moving party or the prosecutor. Existing law requires a motion based on prejudicial error relating to the immigration consequences of the plea to be filed with reasonable diligence after the later of the date the moving party receives a notice to appear in immigration court or other notice from immigration authorities that asserts the conviction or sentence as a basis for removal or the date a removal order against the moving party, based on the existence of the conviction or sentence, becomes final. This bill would deem a motion, based on prejudicial error relating to the immigration consequences of the plea, timely filed any time in which the individual filing the motion is no longer in criminal custody unless the motion is not filed with reasonable diligence after the later of when the moving party receives notice to appear in immigration court or other notice from immigration authorities that asserts the conviction or sentence as a basis for the removal or the denial of an application for immigration benefit, lawful status, or naturalization, or notice that a final removal order has been issued against the moving party, based on the existence of the conviction or sentence that the moving party seeks to vacate.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 825, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 9. Page 6376.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 4. Page 5293.).

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (June 12).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  10. Referred to Com. on PUB. S.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 1. Page 4932.)

  13. Read third time and amended. Ordered to third reading. (Page 4820.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 5. Noes 1.) (April 10).

  16. Re-referred to Com. on PUB. S.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  18. Re-referred to Com. on PUB. S.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  20. Referred to Com. on PUB. S.

  21. From printer. May be heard in committee March 19.

  22. Read first time. To print.

Sponsors

  • Gonzalez Fletcher · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Gonzalez Fletcher

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2867 GONZALEZ FLETCHER Concurrence in Senate Amendments

Passed 60 Yea · 9 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 44608
Democratic 14101
Republican 2202
Total 609011
% of votes cast 75%11%0%14%
How each member voted (80)
Member Party Vote
Acosta — Not Voting
Baker — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Harper — Nay
Jones-Sawyer — Yea
Kiley — Yea
Maienschein — Yea
Mathis — Not Voting
Nazarian — Yea
Obernolte — Nay
Rendon — Yea
Santiago — Yea
Voepel — Nay
Wood — Yea
Eggman — Yea
Gonzalez Fletcher — Yea
Salas — Yea
Burke — Yea
Friedman — Yea
Gray — Yea
Gloria — Yea
Rubio — Yea
Rivas — Yea
Holden — Yea
Kamlager-Dove — Yea
Fong — Not Voting
Levine — Yea
Low — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooper — Yea
McCarty — Yea
Medina — Yea
Melendez — Nay
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Mayes — Not Voting
Steinorth — Not Voting
Chau — Yea
Cooley — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Flora, Heath Republican Nay
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2867 Gonzalez Fletcher By Lara

Passed 29 Yea · 4 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 25406
Democratic 4001
Total 29407
% of votes cast 73%10%0%18%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hernandez — Yea
Hueso — Yea
Leyva — Yea
Moorlach — Yea
Pan — Yea
Wilk — Yea
Mitchell — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Glazer — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Monning — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Morrell — Nay
Vidak — Yea
Bradford — Yea
Delgado — Yea
Dodd — Yea
Fuller — Not Voting
Cannella — Not Voting
Chang — Not Voting
Bates — Not Voting
Nielsen — Not Voting
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2867 GONZALEZ FLETCHER Assembly Third Reading

Passed 59 Yea · 1 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 431013
Democratic 14001
Republican 2004
Total 591018
% of votes cast 76%1%0%23%
How each member voted (78)
Member Party Vote
Acosta — Not Voting
Baker — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Kamlager-Dove — Yea
Levine — Yea
Maienschein — Yea
Mathis — Not Voting
Mullin — Yea
Quirk — Yea
Rodriguez — Yea
Waldron — Not Voting
Weber — Yea
Burke — Yea
Chau — Yea
Chu — Yea
Cooper — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Salas — Yea
Holden — Yea
Jones-Sawyer — Yea
Gray — Yea
Kiley — Yea
Rubio — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Wood — Yea
Fong — Not Voting
Friedman — Yea
Harper — Not Voting
Melendez — Not Voting
O'Donnell — Yea
Obernolte — Not Voting
Chiu — Yea
Chávez — Yea
Steinorth — Not Voting
Voepel — Not Voting
Cooley — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Gloria — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Republican 0100
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Jones-Sawyer — Yea
Quirk — Yea
Santiago — Yea
Kiley — Not Voting
Gonzalez Fletcher — Yea
Wendy Carrillo — Yea
Lackey, Tom Republican Nay

Official roll call →

Subjects

immigration civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2867 do?
Existing law creates an explicit right for a person no longer imprisoned or restrained to file a motion to vacate a conviction or sentence based on a prejudicial error damaging to the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or based on newly discovered evidence of actual innocence, as specified. Under existing law, a defendant who files one of these motions is entitled to a hearing. Existing law authorizes the court, at the request of the moving party, to hold the hearing without the personal presence of the moving party if counsel for the moving party is present and the court finds good cause as to why the moving party cannot be present. This bill would specify that a finding based on prejudicial error may, but need not, include a finding of ineffective assistance of counsel and that the only finding that the court is required to make in those cases is whether the conviction is legally invalid due to prejudicial error damaging the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere. The bill would authorize the court, upon the request of the moving party, to hold the hearing without the personal presence of the moving party and without the moving party's counsel present provided that it finds good cause as to why the moving party cannot be present. The bill would, if the prosecution has no objection to the motion, authorize the court to grant the motion to vacate the conviction or sentence without a hearing. This bill would prohibit the court from issuing a specific finding of ineffective assistance of counsel as a result of a motion brought under these provisions unless the attorney found to be ineffective was given timely advance notice of the motion hearing by the moving party or the prosecutor. Existing law requires a motion based on prejudicial error relating to the immigration consequences of the plea to be filed with reasonable diligence after the later of the date the moving party receives a notice to appear in immigration court or other notice from immigration authorities that asserts the conviction or sentence as a basis for removal or the date a removal order against the moving party, based on the existence of the conviction or sentence, becomes final. This bill would deem a motion, based on prejudicial error relating to the immigration consequences of the plea, timely filed any time in which the individual filing the motion is no longer in criminal custody unless the motion is not filed with reasonable diligence after the later of when the moving party receives notice to appear in immigration court or other notice from immigration authorities that asserts the conviction or sentence as a basis for the removal or the denial of an application for immigration benefit, lawful status, or naturalization, or notice that a final removal order has been issued against the moving party, based on the existence of the conviction or sentence that the moving party seeks to vacate.
Who sponsors AB 2867?
AB 2867 is sponsored by Gonzalez Fletcher.
What is the current status of AB 2867?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 2867?
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