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Relating to admonitions given by a court to a defendant before accepting a plea of guilty or nolo contendere.
No significant fiscal implication to the State is anticipated.
Under current statute, courts are required to make certain admonitions to defendants either orally or in writing if the defendant enters a plea of guilty or no contest. One of the required admonitions is "that if the defendant is not a citizen of the United States of America, a plea of guilty or nolo contendere for the offense charged may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law." HB 1966 would require this admonition to be made both orally and in writing.
The court would be required to receive a statement signed by the defendant and the
defendant’s attorney that the defendant understands the admonition
required and is aware of the consequences of
the plea.
While this bill is procedural in nature and does not appear to affect our liberty principles, we are concerned that it may add an unnecessary administrative burden on the courts. That concern notwithstanding, we remain neutral.