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| | HB2460 Engrossed | | LRB100 00313 SLF 10317 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Section 113-8 as follows:
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| 6 | | (725 ILCS 5/113-8)
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| 7 | | Sec. 113-8. Advisement concerning status as an alien. |
| 8 | | (a) Before the acceptance of a plea of guilty, guilty but |
| 9 | | mentally ill, or
nolo contendere to a misdemeanor or felony
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| 10 | | offense, the court shall give the following advisement to the |
| 11 | | defendant in open
court:
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| 12 | | "If you are not a citizen of the United States, you are |
| 13 | | hereby advised that
conviction of the offense for which you
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| 14 | | have been charged may have the consequence consequences of |
| 15 | | deportation, exclusion from
admission to the United States, or |
| 16 | | denial of
naturalization under the laws of the United States.".
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| 17 | | (b) If the defendant is arraigned on or after the effective |
| 18 | | date of this amendatory Act of the 100th General Assembly, and |
| 19 | | the court fails to advise the defendant as required by |
| 20 | | subsection (a) of this Section, and the defendant shows that |
| 21 | | conviction of the offense to which the defendant pleaded |
| 22 | | guilty, guilty but mentally ill, or nolo contendere may have |
| 23 | | the consequences for the defendant of deportation, exclusion |