SB1610 EnrolledLRB101 03961 SLF 48969 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by changing Section 113-8 as follows:
 



6    (725 ILCS 5/113-8)



7    Sec. 113-8. Advisement concerning status as an alien.
8    (a) Before the acceptance of a plea of guilty, guilty but 
9mentally ill, or
nolo contendere to a misdemeanor or felony

10offense, the court shall give the following advisement to the 
11defendant in open
court:

12    "If you are not a citizen of the United States, you are 
13hereby advised that
conviction of the offense for which you

14have been charged may have the consequence consequences of 
15deportation, exclusion from
admission to the United States, or 
16denial of
naturalization under the laws of the United States.".

17    (b) If the defendant is arraigned on or after the effective 
18date of this amendatory Act of the 101st General Assembly, and 
19the court fails to advise the defendant as required by 
20subsection (a) of this Section, and the defendant shows that 
21conviction of the offense to which the defendant pleaded 
22guilty, guilty but mentally ill, or nolo contendere may have 
23the consequence for the defendant of deportation, exclusion 
 
 
SB1610 Enrolled- 2 -LRB101 03961 SLF 48969 b

1from admission to the United States, or denial of 
2naturalization under the laws of the United States, the court, 
3upon the defendant's motion, shall vacate the judgment and 
4permit the defendant to withdraw the plea of guilty, guilty but 
5mentally ill, or nolo contendere and enter a plea of not 
6guilty. The motion
  shall be filed within 2 years of the date of 
7the defendant's
  conviction.
8(Source: P.A. 93-373, eff. 1-1-04.)