093_SB0043

 
                                     LRB093 02603 MBS 02613 b

 1        AN ACT concerning criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Code  of  Criminal Procedure of 1963 is
 5    amended by adding Section 113-8 as follows:

 6        (725 ILCS 5/113-8 new)
 7        Sec. 113-8.  Advisement concerning status as an alien.
 8        (a)  Before the acceptance of a plea  of  guilty,  guilty
 9    but  mentally  ill,  or  nolo  contendere to a misdemeanor or
10    felony offense, the court shall give the following advisement
11    to the defendant in open court:
12        "If you are not a citizen of the United States,  you  are
13    hereby  advised  that conviction of the offense for which you
14    have been charged may have the consequences  of  deportation,
15    exclusion  from  admission to the United States, or denial of
16    naturalization under the laws of the United States.".
17        (b)  Upon the defendant's request, the court shall  allow
18    the defendant additional time to consider the appropriateness
19    of   the  plea  in  light  of  the  advisement  described  in
20    subsection (a).  If the defendant is arraigned  on  or  after
21    the effective date of this amendatory Act of the 93rd General
22    Assembly  and  the  court  fails  to  advise the defendant as
23    required by subsection (a) of this Section and the  defendant
24    shows  that  conviction of the offense to which the defendant
25    pleaded guilty, guilty but mentally ill, or  nolo  contendere
26    may  have  the consequences for the defendant of deportation,
27    exclusion from admission to the United States, or  denial  of
28    naturalization  under  the  laws  of  the  United States, the
29    court, on the defendant's motion, shall vacate  the  judgment
30    and  permit  the  defendant  to  withdraw the plea of guilty,
31    guilty but mentally ill, or nolo contendere, and enter a plea
 
                            -2-      LRB093 02603 MBS 02613 b
 1    of not guilty. Absent a record that the  court  provided  the
 2    advisement  required  by  subsection (a) of this Section, the
 3    defendant shall be presumed not to have received the required
 4    advisement.
 5        (c)  If the defendant is arraigned before  the  effective
 6    date  of  this amendatory Act of the 93rd General Assembly, a
 7    court's  failure  to  provide  the  advisement  required   by
 8    subsection  (a) of this Section does not require the vacation
 9    of judgment and withdrawal of the plea or constitute  grounds
10    for  finding  a  prior  conviction  invalid.  Nothing in this
11    subsection (c) prohibits a court, in the  sound  exercise  of
12    its  discretion,  from  vacating  a judgment and permitting a
13    defendant to withdraw a plea.
14        (d)  At the time  of  the  plea  no  defendant  shall  be
15    required to disclose his or her legal status to the court.