Bill Text: HI HB1059 | 2013 | Regular Session | Amended
Bill Title: Court Advisement of Aliens; Guilty Plea; Admission to United States
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-07-09 - Became law without the Governor's signature, Act 279, 7/9/2013, (Gov. Msg. No. 1385). [HB1059 Detail]
Download: Hawaii-2013-HB1059-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1059 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COURT ADVISEMENT CONCERNING ALIEN STATUS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 802E-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§802E-2[]] Court
advisement concerning alien status required. Prior to [acceptance] a
defendant's entry of a plea of guilty or nolo contendere to any offense
punishable as a crime under state law, except offenses designated as
infractions under state law, the court shall administer [the following] an
advisement on the record to the defendant[:], which shall
substantially contain the following information:
If you are not a citizen of the United States, you are hereby advised that a plea of guilty or nolo contendere, whether or not deferred by the court, or a conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.
Upon request, the court shall allow the defendant additional time to consider the appropriateness of the plea in light of the advisement as described in this section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2013.
Report Title:
Judiciary; No Contest Plea; Guilty Plea; Alien; Criminal Defendants
Description:
Requires the court to advise criminal defendants of the effects of a guilty or no contest plea on alien status. Effective July 1, 2013. (HB1059 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
