Public Act 101-0409
 
SB1610 EnrolledLRB101 03961 SLF 48969 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 113-8 as follows:
 
    (725 ILCS 5/113-8)
    Sec. 113-8. Advisement concerning status as an alien.
    (a) Before the acceptance of a plea of guilty, guilty but
mentally ill, or nolo contendere to a misdemeanor or felony
offense, the court shall give the following advisement to the
defendant in open court:
    "If you are not a citizen of the United States, you are
hereby advised that conviction of the offense for which you
have been charged may have the consequence consequences of
deportation, exclusion from admission to the United States, or
denial of naturalization under the laws of the United States.".
    (b) If the defendant is arraigned on or after the effective
date of this amendatory Act of the 101st General Assembly, and
the court fails to advise the defendant as required by
subsection (a) of this Section, and the defendant shows that
conviction of the offense to which the defendant pleaded
guilty, guilty but mentally ill, or nolo contendere may have
the consequence for the defendant of deportation, exclusion
from admission to the United States, or denial of
naturalization under the laws of the United States, the court,
upon the defendant's motion, shall vacate the judgment and
permit the defendant to withdraw the plea of guilty, guilty but
mentally ill, or nolo contendere and enter a plea of not
guilty. The motion shall be filed within 2 years of the date of
the defendant's conviction.
(Source: P.A. 93-373, eff. 1-1-04.)