Bill Text: HI HB1027 | 2010 | Regular Session | Introduced
Bill Title: Court Advisement Of Aliens
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1027 Detail]
Download: Hawaii-2010-HB1027-Introduced.html
Report Title:
Court Advisement Of Aliens
Description:
Clarifies the requirement that courts advise pleading defendants of the possible consequences of the plea upon alien status.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1027 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COURT ADVISEMENT OF ALIENS.
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] Upon 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
advisement on the record to the defendant:
If you are] address
the defendant personally in open court and determine that the defendant
understands that if the defendant is not a citizen of the United States, [you
are hereby advised that conviction of the offense for which you have been
charged] a conviction or a plea of guilty or no contest, whether
acceptance of the plea is deferred or not, 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. This Act shall apply only to pleas entered or accepted after the effective date of this Act. Nothing in this Act shall require the vacation of judgment and withdrawal of the plea or constitute grounds for finding a prior conviction invalid with respect to pleas entered or accepted prior to the effective date of this Act.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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By Request
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