Bill Text: IL SB1610 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that if the defendant is arraigned on or after the effective date of the amendatory Act and the court fails to advise the defendant before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense of the consequences of the defendant's plea, if an alien, and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty. Provides that the motion shall be filed within 2 years of the date of the defendant's conviction.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0409 [SB1610 Detail]
Download: Illinois-2019-SB1610-Chaptered.html
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| Public Act 101-0409 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 113-8 as follows:
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(725 ILCS 5/113-8)
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Sec. 113-8. Advisement concerning status as an alien. | ||||
(a) Before the acceptance of a plea of guilty, guilty but | ||||
mentally ill, or
nolo contendere to a misdemeanor or felony
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offense, the court shall give the following advisement to the | ||||
defendant in open
court:
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"If you are not a citizen of the United States, you are | ||||
hereby advised that
conviction of the offense for which you
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have been charged may have the consequence consequences of | ||||
deportation, exclusion from
admission to the United States, or | ||||
denial of
naturalization under the laws of the United States.".
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(b) If the defendant is arraigned on or after the effective | ||||
date of this amendatory Act of the 101st General Assembly, and | ||||
the court fails to advise the defendant as required by | ||||
subsection (a) of this Section, and the defendant shows that | ||||
conviction of the offense to which the defendant pleaded | ||||
guilty, guilty but mentally ill, or nolo contendere may have | ||||
the consequence for the defendant of deportation, exclusion | ||||
from admission to the United States, or denial of | ||
naturalization under the laws of the United States, the court, | ||
upon the defendant's motion, shall vacate the judgment and | ||
permit the defendant to withdraw the plea of guilty, guilty but | ||
mentally ill, or nolo contendere and enter a plea of not | ||
guilty. The motion
shall be filed within 2 years of the date of | ||
the defendant's
conviction. | ||
(Source: P.A. 93-373, eff. 1-1-04.)
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