Current through the 2023 Legislative Session.
Section 1016.8 - Plea bargain that requires defendant to waive unknown future benefits of legislative enactments, initiatives, appellate decisions, or other changes in law(a) The Legislature finds and declares all of the following:(1) The California Supreme Court held in Doe v. Harris (2013) 57 Cal.4th 64 that, as a general rule, plea agreements are deemed to incorporate the reserve power of the state to amend the law or enact additional laws for the public good and in pursuance of public policy. That the parties enter into a plea agreement does not have the effect of insulating them from changes in the law that the Legislature has intended to apply to them.(2) In Boykin v. Alabama (1969) 395 U.S. 238, the United States Supreme Court held that because of the significant constitutional rights at stake in entering a guilty plea, due process requires that a defendant's guilty plea be knowing, intelligent, and voluntary.(3) Waiver is the voluntary, intelligent, and intentional relinquishment of a known right or privilege (Estelle v. Smith (1981) 451 U.S. 454, 471, fn. 16, quoting Johnson v. Zerbst (1938) 304 U.S. 458, 464) . Waiver requires knowledge that the right exists (Taylor v. U.S. (1973) 414 U.S. 17, 19) .(4) A plea bargain that requires a defendant to generally waive unknown future benefits of legislative enactments, initiatives, appellate decisions, or other changes in the law that may occur after the date of the plea is not knowing and intelligent.(b) A provision of a plea bargain that requires a defendant to generally waive future benefits of legislative enactments, initiatives, appellate decisions, or other changes in the law that may retroactively apply after the date of the plea is void as against public policy.(c) For purposes of this section, "plea bargain" has the same meaning as defined in subdivision (b) of Section 1192.7.Added by Stats 2019 ch 586 (AB 1618),s 1, eff. 1/1/2020.