Existing law creates an explicit right for a person no longer imprisoned or restrained to file a motion to vacate a conviction or sentence based on a prejudicial error damaging to the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or based on newly discovered evidence of actual innocence, as specified. Under existing law, a defendant who files one of these motions is entitled to a hearing. Existing law authorizes the court, at the request of the moving party, to hold the hearing without the personal presence of the moving party if counsel for the moving party is present and the court finds good cause as to why the moving party cannot be present.
California AB 2867 (20172018) — Criminal procedure: postconviction relief.
Existing law creates an explicit right for a person no longer imprisoned or restrained to file a motion to vacate a conviction or sentence based on a prejudicial error damaging to the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or based on newly discovered evidence of actual innocence, as specified. Under existing law, a defendant who files one of these motions is entitled to a hearing. Existing law authorizes the court, at the request of the moving party, to hold the hearing without the personal presence of the moving party if counsel for the moving party is present and the court finds good cause as to why the moving party cannot be present.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
AB 2867 GONZALEZ FLETCHER Assembly Third Reading — 59–1 (pass) · lower
Do pass. — 5–1 (pass) · lower
Sponsors
Gonzalez Fletcher — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
2018-02-16 Read first time. To print. reading-1
2018-02-17 From printer. May be heard in committee March 19.
2018-03-22 Referred to Com. on PUB. S. referral-committee
2018-03-22 From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. amendment-introduction, amendment-passage, reading-2, reading-1
2018-04-02 Re-referred to Com. on PUB. S. referral-committee
2018-04-05 From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. amendment-introduction, amendment-passage, reading-2, reading-1
2018-04-09 Re-referred to Com. on PUB. S. referral-committee
2018-04-10 From committee: Do pass. (Ayes 5. Noes 1.) (April 10). committee-passage-favorable, committee-passage
2018-04-11 Read second time. Ordered to third reading. reading-2, reading-1
2018-04-23 Read third time and amended. Ordered to third reading. (Page 4820.) amendment-passage, reading-3, reading-1
2018-04-30 Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 1. Page 4932.) reading-3, passage, reading-1
2018-04-30 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2018-05-10 Referred to Com. on PUB. S. referral-committee
2018-06-04 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. amendment-passage, referral-committee, reading-2, reading-1, amendment-introduction
2018-06-13 From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (June 12). amendment-passage, committee-passage, amendment-introduction
2018-06-14 Read second time and amended. Ordered to third reading. reading-1, amendment-passage, reading-2
2018-08-13 Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 4. Page 5293.). reading-3, passage, reading-1
2018-08-14 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.
2018-08-20 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 9. Page 6376.). committee-passage-favorable, amendment-passage
2018-08-27 Enrolled and presented to the Governor at 3 p.m.
2018-09-27 Approved by the Governor. executive-signature
2018-09-27 Chaptered by Secretary of State - Chapter 825, Statutes of 2018.
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/97401b7e-3e21-4dc6-88a6-52e60d95edfe. Confidence: reported (aggregated from official California legislature records).