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California statute

Cal. Penal Code § 1016.3

Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)

Part of Chapter 4: Plea, California Penal Code.

Full text of Cal. Penal Code § 1016.3

Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.

Cal. Penal Code § 1016.3Primary source, current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
(a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and consistent with professional standards, defend against those consequences. (b) The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution. (c) This code section shall not be interpreted to change the requirements of Section 1016.5, including the requirement that no defendant shall be required to disclose his or her immigration status to the court.

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This reference is informational and is not legal advice.