Download this document in MS Word format


AutoFill Template

S.182

AN ACT RELATING TO ADVISEMENT OF IMMIGRATION CONSEQUENCES OF PLEADING GUILTY TO A CRIMINAL OFFENSE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. § 6565 is amended to read:

§ 6565.  PLEAS

* * *

(c)(1)  Prior to accepting a plea of guilty or a plea of nolo contendere from a defendant in a criminal proceeding pursuant to Rule 11 of the Vermont Rules of Criminal Procedure, the court shall 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.

(2)  If the court fails to advise the defendant in accordance with this subsection, 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.

(d)  Each state’s attorney shall submit an annual report to the office of the executive director of the state’s attorneys, in such form as he the executive director may require, providing information as to the use of plea agreements.

Sec. 2. Vermont Rules of Criminal Procedure Rule 11(c) is amended to read:

(c)  Advice to Defendant. The court shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, informing him the defendant determining that he the defendant understands the following:

* * *

(5)  if there is a plea agreement and the court has not accepted it pursuant to subdivision (e)(3) of this rule, that the court is not limited, within the maximum permissible penalty, in the sentence it may impose; and

(6)  if the court intends to question the defendant under oath, on the record, and in the presence of counsel about the offense to which he has pleaded, that his answers may later be used against him in a prosecution for perjury or false statement; and

(7)  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.


Sec. 3.  EFFECTIVE DATE

This act shall take effect September 1, 2006 and shall apply to pleas of guilty, pleas of nolo contendere, and admissions to sufficient facts which occur on or after the effective date of this act.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us