File #: 19-192    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 8/9/2019 In control: Judicial Council
On agenda: 9/24/2019 Final action: 9/24/2019
Title: Rules and Forms | Criminal Procedure: Immigration Consequences Advisement on Plea Forms (Action Required)
Attachments: 1. 20190924-19-192

Title

Title

Rules and Forms | Criminal Procedure: Immigration Consequences Advisement on Plea Forms (Action Required)

 

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Summary

Summary

The Criminal Law Advisory Committee recommends amending the language in the immigration consequences section of two Judicial Council plea forms to conform to the plain language of Penal Code section 1016.5.

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Recommendation

Recommendation

The Criminal Law Advisory Committee recommends that the Judicial Council, effective January 1, 2020, revise the immigration consequences advisement of Plea Form, With Explanations and Waiver of Rights-Felony (form CR-101) and Domestic Violence Plea Form With Waiver of Rights-Misdemeanor (form CR-102) to address concerns that the provision in each form contains inaccuracies, and to conform the provision to the plain language of Penal Code section 1016.5.