Bill Status of SB 43   93rd General Assembly

Short Description:  CRIM PRO-ALIENS;CONVICTION

Senate Sponsors
Sen. Ira I. Silverstein-Mattie Hunter-Martin A. Sandoval-Iris Y. Martinez, Susan Garrett and Antonio Munoz-Barack Obama

House Sponsors
(Rep. William Delgado-Lou Lang-Harry Osterman-Cynthia Soto-Karen A. Yarbrough)


Last Action  View All Actions

DateChamber Action
  7/24/2003SenatePublic Act . . . . . . . . . 93-0373

Statutes Amended In Order of Appearance
725 ILCS 5/113-8 new

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense, the court shall advise the defendant in open court that if the defendant is not a citizen of the United States conviction of the offense for which the defendant has been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States.

Senate Committee Amendment No. 1
Deletes the requirement that, before accepting an alien defendant's plea of guilty, mentally ill, or nolo contendere, to a misdemeanor or felony offense, the court shall allow the defendant additional time to consider the appropriateness of the plea in light of the defendant's advisement by the court that conviction of the charged offense may have immigration consequences for the defendant; and that, if the defendant is arraigned on or after the effective date of the Act, and the court fails to make that advisement to the alien, and the alien shows that conviction of the offense the defendant pleaded guilty to may have the immigration consequences for the defendant, the court shall, on the defendant's motion, vacate the plea of guilty, guilty but mentally ill, or nolo contendere, and enter the plea of not guilty. Deletes the requirement that, in the absence of a record of that advisement by the court, the defendant shall be presumed not to have received the required advisement. Deletes the language providing that, if the defendant is arraigned before the effective date of this Act, a court's failure to provide this advisement does not require the vacation of judgment and withdrawal of the plea or constitute grounds for invalidating a prior conviction; but the court has the discretion to vacate a judgment and permit a defendant to withdraw a plea; and that at the time of the plea no defendant shall be required to disclose his or her legal status to the court.

Actions 
DateChamber Action
  1/9/2003SenateFiled with Secretary by Sen. Ira I. Silverstein
  1/9/2003SenateFirst Reading
  1/9/2003SenateReferred to Rules
  1/29/2003SenateAssigned to Judiciary
  2/4/2003SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  2/5/2003SenateHeld in Judiciary
  2/6/2003SenateAdded as Chief Co-Sponsor Sen. Martin A. Sandoval
  2/6/2003SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  2/6/2003SenateAdded as Co-Sponsor Sen. Susan Garrett
  2/19/2003SenatePostponed - Judiciary
  2/27/2003SenatePostponed - Judiciary
  2/27/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  2/27/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  3/4/2003SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/4/2003SenateSenate Committee Amendment No. 1 Adopted
  3/5/2003SenateDo Pass as Amended Judiciary; 009-000-000
  3/5/2003SenatePlaced on Calendar Order of 2nd Reading March 6, 2003
  3/5/2003SenateAdded as Co-Sponsor Sen. Antonio Munoz
  3/5/2003SenateAdded as Chief Co-Sponsor Sen. Barack Obama
  3/13/2003SenateSecond Reading
  3/13/2003SenatePlaced on Calendar Order of 3rd Reading March 18, 2003
  3/19/2003SenateThird Reading - Passed; 053-000-001
  3/19/2003HouseArrived in House
  3/19/2003HouseChief House Sponsor Rep. William Delgado
  3/19/2003HouseFirst Reading
  3/19/2003HouseReferred to Rules Committee
  3/20/2003HouseAdded Alternate Chief Co-Sponsor Rep. Lou Lang
  3/20/2003HouseAdded Alternate Chief Co-Sponsor Rep. Harry Osterman
  3/20/2003HouseAdded Alternate Chief Co-Sponsor Rep. Cynthia Soto
  3/20/2003HouseAdded Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough
  4/1/2003HouseAssigned to Judiciary II - Criminal Law Committee
  4/10/2003HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 012-000-000
  4/10/2003HousePlaced on Calendar 2nd Reading - Short Debate
  4/14/2003HouseSecond Reading - Short Debate
  4/14/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/7/2003HouseThird Reading - Short Debate - Passed 115-000-000
  5/7/2003SenatePassed Both Houses
  6/5/2003SenateSent to the Governor
  7/24/2003SenateGovernor Approved
  7/24/2003SenateEffective Date January 1, 2004
  7/24/2003SenatePublic Act . . . . . . . . . 93-0373

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