Bill Text: HI SB443 | 2014 | Regular Session | Introduced

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Bill Title: Court Advisement; Alien Status; Guilty Plea; Nolo Contendere; Deferred Acceptance

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB443 Detail]

Download: Hawaii-2014-SB443-Introduced.html

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THE SENATE	S.B. NO.	443
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

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 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 contain the following information:

     If you are not a citizen of the United States, you are hereby advised that a guilty plea, nolo contendere plea, a deferred acceptance of guilty plea, a deferred acceptance of nolo contendere plea, 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  Statutory material to be repealed is bracketed and stricken.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.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Court Advisement; Alien Status; Guilty Plea; Nolo Contendere; Deferred Acceptance

 

Description:

Requires the court advisement to a defendant who is not a citizen of the United States to be expanded to include a guilty plea, nolo contendere plea, deferred acceptance of guilty plea, or deferred acceptance of nolo contendere plea.

 

 

 

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