IL SB1610

Courts must advise non-citizens before accepting a guilty, guilty but mentally ill, or nolo contendere plea that conviction may result in deportation, exclusion from the United States, or denial of naturalization.

Defendants arraigned on or after the effective date of this amendatory act may file a motion within 2 years of conviction to vacate their judgment and withdraw their plea if the court failed to provide the required advisement.

A defendant seeking to withdraw their plea must demonstrate that conviction of the offense may have consequences of deportation, exclusion from admission, or denial of naturalization under federal law.

Upon granting a motion to vacate, the court shall permit the defendant to enter a plea of not guilty.