HOUSE OF REPRESENTATIVES	H.B. NO.	1059
TWENTY-SEVENTH LEGISLATURE, 2013		H.D. 2
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. (a)  At a defendant's arraignment and plea hearing for an offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall administer the following advisement on the record to the defendant:

If you are not a citizen of the United States, whether or not you have lawful immigration status, you have the right to receive advice from your attorney about the specific impact that this case will have, if any, on your immigration status.  The entry of a guilty or nolo contendere plea, admission of guilt or sufficient facts, or conviction, deferred judgment or deferred sentence, may have the consequences of your immediate detention, deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.  In some cases, detention and deportation from the United States will be required.  Your lawyer must investigate and advise you about these issues prior to the commencement of trial, entry of a plea of guilty or nolo contendere, or admission of guilt or sufficient facts to any offense.  You are not required to disclose your immigration or citizenship status to the court.

(b)  Prior to [acceptance] the commencement of trial or a defendant's entry 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 on the record to the defendant:

     If you are not a citizen of the United States, whether or not you have lawful immigration status, you are hereby advised that a plea of guilty or nolo contendere, admission of guilt or sufficient facts, deferred plea or sentence, or a conviction of the offense for which you have been charged may have the consequences of your immediate detention, deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.  In some cases, detention and deportation from the United States will be required.  Your lawyer must investigate and advise you about these issues prior to the commencement of trial, entry of a plea of guilty or nolo contendere, or admission of guilt or sufficient facts to any offense.  Upon request, the court will allow you and your lawyer additional time to consider your decision to enter a plea or commence with trial in light of this advisal.  You are not required to disclose your immigration or citizenship status to the court.

     [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 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2013.

Report Title:

Judiciary; No Contest Plea; Guilty Plea; Alien; Criminal Defendants

Description:

Requires the court to advise a criminal defendant of the effects of a guilty or no contest plea on alien status at the defendant's arraignment and plea hearing, and again prior to the entry of a guilty or no contest plea or the commencement of trial.  Effective July 1, 2013.  (HB1059 HD2)

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