Pleas: immigration advisement.

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

The measure establishes that courts must provide defendants additional time upon request to consider their plea in light of these immigration implications. For pleas accepted before January 1, 2026, the legislation clarifies that non-verbatim delivery of the advisement does not automatically require courts to vacate judgments or permit plea withdrawals. However, courts retain discretion to allow plea withdrawals when deemed appropriate. The bill maintains existing provisions allowing defendants to withdraw pleas if no immigration advisement was provided and they can demonstrate potential immigration consequences from their conviction.

Under the legislation's findings, courts are prohibited from requiring defendants to disclose their immigration status during plea proceedings. The measure preserves defendants' right to negotiate with prosecutors if they or their counsel were unaware of possible immigration consequences at the time of the original plea.