Report Title:

Criminal defendants; alien statues advice

Description:

Allows courts to advise defendants of the effect of a criminal conviction on alien status.

HOUSE OF REPRESENTATIVES

H.B. NO.

2293

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COURT ADVISEMENT CONCERNING ALIEN STATUS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 802E-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§802E-2[]] Court advisement concerning alien status required. Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall administer the following advisement, or its functional equivalent, on the record to the defendant:

If you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.

Upon request, the court shall allow the defendant additional time to consider the appropriateness of the plea in light of the advisement as described in this section."

SECTION 3. Statutory material to repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST