Pleas: immigration advisement.

Senator Pérez's legislation mandates California courts to deliver a specific verbatim advisory statement to defendants regarding potential immigration consequences before accepting guilty or nolo contendere pleas in criminal cases. The required statement informs non-citizen defendants that a conviction may result in deportation, exclusion from admission to the United States, or denial of naturalization under federal law.

The measure establishes clear procedures when courts fail to provide this advisement. Defendants who can demonstrate that their conviction could trigger immigration consequences may move to vacate the judgment and withdraw their plea. The law creates a presumption that defendants did not receive the advisory if court records lack documentation of its delivery. Upon request, courts must allow defendants additional time to evaluate their plea in light of these immigration implications.

For pleas entered before January 1, 2026, the legislation specifies that failure to provide the exact verbal advisory does not automatically invalidate prior convictions or require courts to permit plea withdrawals. However, courts retain discretion to vacate judgments and allow plea withdrawals as otherwise authorized by law. The measure also explicitly states that defendants cannot be required to disclose their immigration status to the court when entering a plea.