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SB 19-030 - Authorizes a Remedy for Improperly Entered Guilty Pleas - Colorado Key Vote

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Title: Authorizes a Remedy for Improperly Entered Guilty Pleas

Signed by Governor Jared Polis


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Title: Authorizes a Remedy for Improperly Entered Guilty Pleas

Vote Smart's Synopsis:

Vote to pass a bill that authorizes specific individuals to petition the court for an order vacating their guilty plea, and establishes procedures for these petitions.

Highlights:

 

  • Authorizes defendants to challenge a guilty plea based on an allegation that (Sec. 1):

    • They have suffered or will suffer an adverse immigration consequence as a result of the guilty plea; 

    • They were not adequately advised of the immigration consequences of the guilty plea; or 

    • The guilty plea was in violation of the constitution of the state or the United States.

  • Requires the court to direct the prosecution to respond within 21 days of the request to withdraw the plea, after which time the motion is deemed unopposed (Sec. 1).

  • Specifies that unless the prosecution proves by a preponderance of evidence that the guilty plea was entered constitutionally and that it will not cause any undisclosed adverse immigration consequences, the court shall grant the motion (Sec. 1). 

  • Specifies that this act applies to charges dismissed before, on, or after its effective date (Sec. 3). 

Full Bill Text

See How Your Politicians Voted

Title: Authorizes a Remedy for Improperly Entered Guilty Pleas

Vote Smart's Synopsis:

Vote to pass a bill that authorizes specific individuals to petition the court for an order vacating their guilty plea, and establishes procedures for these petitions.

Highlights:

 

  • Authorizes defendants to challenge a guilty plea based on an allegation that (Sec. 1):

    • They have suffered or will suffer an adverse immigration consequence as a result of the guilty plea; 

    • They were not adequately advised of the immigration consequences of the guilty plea; or 

    • The guilty plea was in violation of the constitution of the state or the United States.

  • Requires the court to direct the prosecution to respond within 21 days of the request to withdraw the plea, after which time the motion is deemed unopposed (Sec. 1).

  • Specifies that unless the prosecution proves by a preponderance of evidence that the guilty plea was entered constitutionally and that it will not cause any undisclosed adverse immigration consequences, the court shall grant the motion (Sec. 1). 

  • Specifies that this act applies to charges dismissed before, on, or after its effective date (Sec. 3). 

Full Bill Text

Title: Authorizes a Remedy for Improperly Entered Guilty Pleas

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