Kerry Tipper voted Yea (Passage) on this Legislation.
Title: Authorizes a Remedy for Improperly Entered Guilty Pleas
Signed by Governor Jared Polis
Title: Authorizes a Remedy for Improperly Entered Guilty Pleas
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.
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).
Title: Authorizes a Remedy for Improperly Entered Guilty Pleas
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.
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).
Title: Authorizes a Remedy for Improperly Entered Guilty Pleas