NEW Bill Make Significant Amendments to Penal Code section 1473.7 (AB-2867)

On September 27, 2018, Governor Jerry Brown approved Assembly Bill No. 2867 which made noteworthy amendments to Penal Code section 1473.7. [1] Newly amended Penal Code section 1473.7 is set to take effect on January 1, 2019.

Of significance, amended Penal Code section 1473.7 clarifies that a “finding of legal invalidity may, but need not, include a finding of ineffective assistance of counsel.” (Penal Code section 1473.7(a)(1), effective January 1,2019). Further, the amendment clarifies that a “notice to appear in immigration court” is not a jurisdictional requirement for petitioning for relief under the Section. (Penal Code section 1473.7(b)(2)(A)).

It is clear that by enacting the recent amendments to Penal Code section 1473.7, the California Legislature is intending to expand the ability for non-citizen defendants, who are now prejudiced by their convictions, to obtain post-conviction relief for immigration purposes.

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