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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

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(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 personally address the defendant in open court, advising him or her of and determining that he or she understands the following:  “If you are 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 lead to your deportation and could prevent you from becoming a United States citizen.”

(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 had 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.  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