Description:

The Criminal Law Advisory Committee recommends revisions to two optional Judicial Council forms in response to recent amendments to Penal Code section 1473.7(a)(1) that became effective January 1, 2022. These revisions would allow a moving party to seek relief based on a prejudicial error that interfered with the party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. Additionally, the forms revisions to implement recent case law and clarify the forms would (1) clarify the out-of-custody requirement (see People v. Rodriguez (2021) 68 Cal.App.5th 301); (2) include a request for appointment of counsel (see People v. Fryhaat (2019) 35 Cal.App.5th 969); (3) add provisions around timeliness of the motion; and(4) simplify the language in the motion to aid self-represented petitioners.

Category: Criminal

Item Number: SP22-04

Deadline: March 18, 2022

File: sp22-04.pdf