Requires the court to advise noncitizen residents of deportation consequences of guilty plea; allows guilty plea withdrawal

2025 Regular Session Introduced by Phara Souffrant Forrest and 4 co-sponsors

Requires courts to inform noncitizen defendants of immigration/deportation consequences before guilty pleas and allows withdrawal if proper advisement was lacking.

REFERRED TO CODES

Overview

Bill Number: A 651

Title: Requires the court to advise noncitizen residents of deportation consequences of guilty plea; allows guilty plea withdrawal

Status: Referred to Codes (Assembly Codes Committee)

Introduction Date: January 8, 2025

Primary Sponsor: Ron Kim

Cosponsors: Alicia Hyndman, Jo Anne Simon, Phara Souffrant Forrest, Latrice Walker

Related Bills (prior-session): A 2530, A 7283, A 9441, A 1798, A 2189, A 3438, A 1863

Purpose and Intent

A 651 seeks to ensure that noncitizen residents are clearly informed about the potential deportation or immigration consequences before entering a guilty plea in criminal cases. In addition, the bill provides a mechanism to withdraw a guilty plea under certain conditions, presumably to protect a defendant’s rights if the immigration consequences were not adequately communicated or considered.

Key Provisions

Judicial Advisement on Immigration Consequences: The court would be required to inform noncitizen residents, prior to accepting a guilty plea, about how a guilty plea could affect their immigration status, including potential deportation consequences.

Guilty Plea Withdrawal: The bill would authorize, under specified conditions, the withdrawal of a guilty plea. This provision is designed to address scenarios where a defendant may not have received proper advisement or where immigration consequences impact the desirability of continuing with the plea.

(Note: The exact procedural details, thresholds, and timelines for withdrawal are not provided in the summary and would be defined in the full text of the bill.)

Who Would Be Affected

Noncitizen Residents: Individuals subject to criminal prosecutions who may face immigration consequences from a guilty plea.

Courts and Judges: Responsible for providing mandatory advisement and overseeing withdrawal procedures.

Defense Attorneys and Prosecutors: Interactions around plea negotiations, advisement, and potential plea withdrawals.

Immigrant Communities: Potentially impacted by changes in plea dynamics and awareness of deportation risks.

Procedural and Timeline Aspects

Legislative Path: Introduced January 8, 2025; referred to the Assembly Codes Committee (status shown as “REFERRED TO CODES” on the date of action, with two identical entries in the record).

Next Steps: If advanced, the bill would proceed through the Codes Committee for hearings, amendments, and potential floor action.

Related Context

The presence of multiple related bills from prior sessions (A 2530, A 7283, A 9441, A 1798, A 2189, A 3438, A 1863) suggests ongoing legislative interest in immigration consequences of criminal pleas and related court advisement issues. A 651 may interact with or build on themes explored in those prior proposals.

Potential Impact and Considerations

Could improve informed decision-making for noncitizen defendants.

May influence plea-bargaining dynamics and defense strategies.

Could require training for judges and court personnel to provide accurate immigration-related advisement.

Possible administrative and cost considerations for court systems to implement standardized advisement and withdrawal processes.

Bill