California 2015-2016 Regular Session Status: To Executive

AB 267 — Criminal procedure: disclosure: felony conviction consequences.

Last action — Consideration of Governor's veto stricken from file.

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

This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, when a defendant is brought before a magistrate upon arrest, on a charge of having committed a public offense, the magistrate to immediately inform the defendant of the charge against him or her and the defendant's right to counsel at every stage of the proceedings. Existing law requires the court to inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime. This bill would require the court, prior to acceptance of a guilty or nolo contendere plea to a felony offense, to inform the defendant that a conviction for a felony may result in various consequences, including, among others, the loss of certain professional licenses, prohibitions against owning or possessing a firearm, and eligibility for enlisting in the military. The bill would make a legislative finding that the failure to provide this advisement with respect to pleas accepted prior to January 1, 2016, would not be cause to vacate a judgment and withdraw a plea, constitute grounds to find a conviction invalid, or provide grounds for appeal from the judgment or appealable order.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Vetoed by Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Enrolled measure version corrected.

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 12. Page 2908.).

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 8. Page 2392.).

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered returned to second reading.

  10. Ordered to second reading.

  11. From inactive file.

  12. Ordered to inactive file at the request of Senator Monning.

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 5. Noes 1.) (June 16).

  15. Referred to Com. on PUB. S.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 21. Page 1138.)

  18. Read third time and amended. Ordered to third reading. (Page 966.)

  19. Read second time. Ordered to third reading.

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (March 24).

  22. In committee: Set, first hearing. Hearing canceled at the request of author.

  23. Referred to Com. on PUB. S.

  24. From printer. May be heard in committee March 13.

  25. Read first time. To print.

Sponsors

  • Jones-Sawyer · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 10 voted No

Sponsors (1)

  • Jones-Sawyer

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 267 JONES-SAWYER Concurrence in Senate Amendments

Passed 63 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 561005
Democratic 4000
Republican 3200
Total 631205
% of votes cast 79%15%0%6%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Nay
Perea — Yea
Ridley-Thomas — Not Voting
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Burke — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Gordon — Not Voting
Mayes — Not Voting
Chang — Not Voting
Melendez — Not Voting
Frazier — Yea
Gatto — Yea
Gray — Yea
Gomez — Yea
Lopez — Yea
Hadley — Yea
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Kim — Nay
Chau — Yea
Atkins — Yea
Levine — Yea
Linder — Yea
McCarty — Yea
Medina — Yea
Baker — Yea
Bigelow — Nay
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Yea
Wood — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB267 Jones-Sawyer By Monning

Passed 31 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 29701
Democratic 2100
Total 31801
% of votes cast 78%20%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Hill — Yea
Moorlach — Yea
Nielsen — Nay
Cannella — Not Voting
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Glazer — Yea
Hall — Yea
Runner — Nay
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Yea
Block — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Morrell — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Nay
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Leno — Yea
Liu — Yea
Monning — Yea
Anderson — Yea
Glazer — Not Voting
Hancock — Yea
Mark Stone — Nay

Official roll call →

AB 267 JONES-SAWYER Assembly Third Reading

Passed 57 Yea · 21 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 511702
Democratic 4000
Republican 2400
Total 572102
% of votes cast 71%26%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mayes — Not Voting
Rodriguez — Yea
Thurmond — Yea
Waldron — Nay
Wood — Yea
Chau — Yea
Eggman — Yea
Chávez — Nay
Daly — Yea
Frazier — Yea
Cooley — Yea
Salas — Yea
Bonilla — Yea
Gatto — Yea
Holden — Yea
Gray — Yea
Lopez — Yea
Jones-Sawyer — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Perea — Yea
Rendon — Yea
Wilk — Yea
Atkins — Yea
Harper — Nay
Burke — Yea
Kim — Nay
Linder — Yea
Mathis — Yea
Campos — Not Voting
Melendez — Nay
Bigelow — Nay
Chang — Nay
Chiu — Yea
Chu — Yea
Obernolte — Nay
Olsen — Nay
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Williams — Yea
Gomez — Yea
Gonzalez — Yea
Gordon — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Melendez — Not Voting
Jones-Sawyer — Yea
Low — Yea
Quirk — Yea
Santiago — Yea
Gonzalez — Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety civil-rights veterans
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Frequently asked questions

What does AB 267 do?
Existing law requires, when a defendant is brought before a magistrate upon arrest, on a charge of having committed a public offense, the magistrate to immediately inform the defendant of the charge against him or her and the defendant's right to counsel at every stage of the proceedings. Existing law requires the court to inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime. This bill would require the court, prior to acceptance of a guilty or nolo contendere plea to a felony offense, to inform the defendant that a conviction for a felony may result in various consequences, including, among others, the loss of certain professional licenses, prohibitions against owning or possessing a firearm, and eligibility for enlisting in the military. The bill would make a legislative finding that the failure to provide this advisement with respect to pleas accepted prior to January 1, 2016, would not be cause to vacate a judgment and withdraw a plea, constitute grounds to find a conviction invalid, or provide grounds for appeal from the judgment or appealable order.
Who sponsors AB 267?
AB 267 is sponsored by Jones-Sawyer.
What is the current status of AB 267?
This bill died with 2015-2016 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 267?
Track AB 267 free on One Click Politics — get push/email alerts when it moves.

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