California Penal Code

§ 1016.8

PEN § 1016.8 Effective Jan 1, 2020Title 6 · Part 2 · Ch. 4

Statute text

(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.

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Legislative history

Added by Stats. 2019, Ch. 586, Sec. 1. (AB 1618) Effective January 1, 2020.