VA SB625 | 2020 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 7 2020 - 25% progression
Action: 2020-02-05 - Failed to report (defeated) in Judiciary (7-Y 8-N)
Text: Latest bill text (Comm Sub) [HTML]

Summary

Failure to advise of consequences of guilty plea; vacation of conviction. Creates a mechanism for a person who is not a citizen of the United States to vacate a criminal conviction or adjudication of delinquency, other than for a violent felony or an offense that requires sex offender registration, if such person was not advised of the possible adverse consequences of such conviction or adjudication on his immigration status (i) for any conviction of such offense entered on or before July 1, 2019, or (ii) if the petitioner received actual notice that he is subject to deportation or removal from the United States, exclusion from admission to the United States, or denial of naturalization under federal law as a result of entering a plea of guilty or nolo contendere to such offense and such petition is filed within one year after receiving such notice. The bill provides that such person may file a petition with the appropriate circuit court, which may hold a hearing on the petition and either dismiss the petition or vacate the person's conviction or adjudication and order a retrial. The bill also provides that only one such petition may be filed.

Tracking Information

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Title

Failure to advise of consequences of guilty plea; vacation of conviction.

Sponsors


Roll Calls

2020-02-05 - Senate - Senate: Failed to report (defeated) in Judiciary (7-Y 8-N) (Y: 7 N: 8 NV: 0 Abs: 0) [FAIL]

History

DateChamberAction
2020-02-05SenateFailed to report (defeated) in Judiciary (7-Y 8-N)
2020-02-05SenateCommittee substitute printed 20107739D-S1
2020-01-24SenateAssigned Judiciary sub: Criminal Law
2020-01-07SenateReferred to Committee on the Judiciary
2020-01-07SenatePrefiled and ordered printed; offered 01/08/20 20104651D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
192327.15(n/a)See Bill Text

Virginia State Sources


Bill Comments

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