§ 12-12-22 - Arraignments and Pleas – Notices to aliens.
SECTION 12-12-22
§ 12-12-22 Arraignments and Pleas –Notices to aliens. – (a) At the time of criminal arraignment in the district or superior court, eachdefendant shall be informed that if he or she is an alien in the United States,a plea of guilty or nolo contendere may affect his or her immigration status.Failure to so inform the defendant at the arraignment shall not invalidate anyaction subsequently taken by the court.
(b) Prior to accepting a plea of guilty or nolo contendere inthe district or superior court, the court shall inform the defendant that if heor she is not a citizen of the United States, a plea of guilty or nolocontendere may have immigration consequences, including deportation, exclusionof admission to the United States, or denial of naturalization pursuant to thelaws of the United States. Upon request, the court shall allow the defendantadditional time to consider the appropriateness of the plea in light of thisadvisement.
(c) If the court fails to so inform the defendant as requiredby this section, and the defendant later shows that his plea and conviction mayhave immigration consequences, the defendant shall be entitled, upon a properpetition for post-conviction relief, to have the plea vacated. Absent a recordthat the court provided the advisement required by this section, the defendantshall be presumed not have received the advisement.
(d) The defendant shall not be required at the time of theplea to disclose to the court his or her legal status in the United States.
(e) In the first week of January, 2001 and each yearthereafter, the attorney general shall submit to the general assembly a list ofcases in which a disposition was vacated pursuant to this section.