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Senate Bill No. 953

Public Act No. 03-81

AN ACT CONCERNING THE IMMIGRATION CONSEQUENCES OF PLEAS OF GUILTY OR NOLO CONTENDERE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-1j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The court shall not accept a plea of guilty or nolo contendere from any defendant in any criminal proceeding unless the court [advises him of the following: "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. "] first addresses the defendant personally and determines that the defendant fully understands that if the defendant is not a citizen of the United States, conviction of the offense for which the defendant has been charged may have the consequences of deportation or removal from the United States, exclusion from readmission to the United States or denial of naturalization, pursuant to the laws of the United States. If the defendant has not discussed these possible consequences with the defendant's attorney, the court shall permit the defendant to do so prior to accepting the defendant's plea.

(b) The defendant shall not be required at the time of the plea to disclose [his] the defendant's legal status in the United States to the court.

(c) If the court fails to [advise a defendant] address the defendant personally and determine that the defendant fully understands the possible consequences of the defendant's plea, as required in subsection (a) of this section, and the defendant not later than three years after the acceptance of the plea shows that [his] the defendant's plea and conviction may have one of the enumerated consequences, the court, on the defendant's motion, shall vacate the judgment, and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty.

Approved June 3, 2003