Failure to advise of consequences of guilty plea; vacation of conviction.
Summary
Failure to advise of consequences of guiltyplea; vacation of conviction. Creates a mechanism for a personwho is not a citizen of the United States to vacate a criminal convictionor adjudication of delinquency, other than for a violent felony oran offense that requires sex offender registration, if such personwas not advised of the possible adverse consequences of such convictionor adjudication on his immigration status (i) for any conviction ofsuch offense entered on or before July 1, 2019, or (ii) if the petitionerreceived actual notice that he is subject to deportation or removalfrom the United States, exclusion from admission to the United States, or denial of naturalization under federal law as a result of enteringa plea of guilty or nolo contendere to such offense and such petitionis filed within one year after receiving such notice. The bill providesthat such person may file a petition with the appropriate circuitcourt, which may hold a hearing on the petition and either dismissthe petition or vacate the person's conviction or adjudication andorder a retrial. The bill also provides that only one such petitionmay be filed.
Bill status
failed
1 of 4 stages cleared
Introduction
Jan 2020
Committee Review
Floor Vote
Governor
Introduced Jan 7, 2020
Last action Feb 5, 2020
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
6
Key actions
0
Committee
2
Jan 24, 2020
Committee
Assigned Judiciary sub: Criminal Law
upper
Jan 7, 2020
Committee
Referred to Committee on the Judiciary
upper
Jan 7, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20104651D
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Scott Surovell
DDemocratic
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