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Remedying Improper Guilty Pleas

Concerning a remedy for improperly entered guilty pleas, and in connection therewith, making an appropriation.
2019 Regular Session
Crimes, Corrections, & Enforcement
Bill Summary

Failure to advise consequences of guilty pleas or dismissal of charges - unconstitutionality - procedure - appropriation. The act finds that some criminal defendants who, when they entered a guilty plea in connection with a deferred judgment or had charges related to drugs dismissed under a since repealed provision of law, were not advised that there may be adverse immigration consequences that attach to the plea even if the plea is later withdrawn and the case is dismissed. These defendants did not knowingly, intelligently, and voluntarily enter the plea of guilty as required by law or understand the consequences of the dismissal. The act authorizes these persons to petition the court for an order vacating the guilty plea and establishes procedures for such petitions.

The act appropriates $543,461 to the judicial department for trial court programs and $55,139 to the department of law for use by the appellate unit.

(Note: This summary applies to this bill as enacted.)


Became Law


Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details