Failure to advise of consequences of guilty plea; vacation of conviction. (SB625)

Introduced By

Sen. Scott Surovell (D-Mount Vernon)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

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. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/07/2020Prefiled and ordered printed; offered 01/08/20 20104651D
01/07/2020Referred to Committee on the Judiciary
01/24/2020Assigned Juciciary sub: Criminal Law
01/24/2020Assigned Judiciary sub: Criminal Law
01/30/2020Impact statement from DPB (SB625)
02/05/2020Committee substitute printed 20107739D-S1
02/05/2020Failed to report (defeated) in Judiciary (7-Y 8-N) (see vote tally)