Rep. Elizabeth Hernandez

Filed: 5/20/2008

 

 


 

 


 
09500HB5756ham003 LRB095 14924 RLC 51101 a

1
AMENDMENT TO HOUSE BILL 5756

2     AMENDMENT NO. ______. Amend House Bill 5756, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 113-8 as follows:
 
7     (725 ILCS 5/113-8)
8     Sec. 113-8. Advisement concerning status as an alien. At
9 arraignment, and before Before the acceptance of a plea of
10 guilty, guilty but mentally ill, or nolo contendere to a
11 misdemeanor or felony offense, the court shall give the
12 following advisement to the defendant in open court:
13     "If you are not a citizen of the United States, you are
14 hereby advised that conviction of the offense for which you
15 have been charged may have the consequences of deportation,
16 exclusion from admission to the United States, or denial of

 

 

09500HB5756ham003 - 2 - LRB095 14924 RLC 51101 a

1 naturalization under the laws of the United States. This
2 advisement in no way requires you to declare your immigration
3 status to the court at this or any other time.".
4 The court shall not use this advisement as the occasion to
5 inquire whether the defendant is or is not a citizen of the
6 United States or to otherwise inquire about the defendant's
7 immigration status.
8 (Source: P.A. 93-373, eff. 1-1-04.)".