Requires prosecutors to meet and confer with defense to avoid adverse immigration consequences of pleas/convictions/sentences, with a rebuttable presumption of violation, hearings, and remedies if they decline alternative pleas that would avoid such consequences, so less immigration enforcement via
The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall meet and confer during the negotiation process with the defense in an effort to avoid the adverse immigration consequences of a plea, conviction, or sentence.
Imposes procedural requirements and remedies on local prosecutors to prioritize avoiding adverse immigration consequences in plea negotiations, including hearings and potential relief if they fail to do so, which limits standard prosecutorial discretion in ways that reduce immigration enforcement.
A rebuttable presumption of a violation of this section exists where the defendant asserts facts that provide a prima facie showing that during negotiations the defendant proposed an alternative plea or sentence that would avoid adverse immigration consequences, including, but not limited to, an offense of comparable or greater seriousness under California law, and the prosecution declined the offer.
✓ Quote verified word for word in the bill text
Filed (completed)
Committee
Passed one chamber
Passed both
Governor
Law
Stage: Committee · step 2 of 6
Last action
2026-04-21: In committee: Set, second hearing. Hearing canceled at the request of author.
Why the model tagged it this way: The bill amends Penal Code 1016.3 to strengthen requirements on prosecutors to actively work to avoid adverse immigration consequences in plea bargaining (replacing a weaker 'consider as one factor' standard), creates a rebuttable presumption of violation with mandatory hearings and remedies if they decline defense proposals for alternative pleas/sentences that avoid immigration impacts, and adds related procedural rules. This directly restricts the scope of immigration enforcement by state/local prosecutors in criminal cases. No other listed topics are substantively addressed.
Related bills
AB1655CalWORKs: temporary absence: immigration detention.↓Restricts immigration enforcement Law
AB1807Immigration enforcement: use of state-owned property.↓Restricts immigration enforcement↓Restricts immigration enforcement Law
AB1994Defending Immigrant Victims Act.↓Restricts immigration enforcement=No change to immigration enforcement Law