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SUMMARY OF THE 2006 ACTS AND RESOLVES

ACT NO. 121

(S.182)

Criminal procedure; immigration; consequences of pleading guilty

This act requires that prior to accepting a plea of guilty or nolo contendere from a defendant in a criminal proceeding, the court must address the defendant personally in open court, informing the defendant and determining that the defendant understands that if he or she is not a citizen of the United States, admitting to facts sufficient to warrant a finding of guilt or pleading guilty or nolo contendere to a crime may have the consequences of deportation or denial of United States citizenship.

If the court fails to advise the defendant in accordance with this act and he or she later at any time shows that the plea and conviction may have or has had a negative consequence regarding his or her immigration status, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea or admission and enter a plea of not guilty.

Effective Date: September 1, 2006



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us