Illinois 100th Regular Session Status: Passed Senate 1 D cosponsors

SB 3276 — CRIM PRO-ALIEN ADVISEMENT

Last action — Third Reading - Short Debate - Lost 051-064-000

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 100th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Code of Criminal Procedure of 1963. Provides that if the defendant is arraigned on or after the effective date of the bill, and the court fails to advise the defendant before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense, that "if you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States," and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty. Provides that the motion shall be filed within 2 years of the date of the defendant's conviction.

Bill Text

What changed in the latest version

2 added · 30 removed

Plain-language change summary

The updated version of SB 3276 adds a provision requiring courts to inform defendants, who are not U.S. citizens, about the potential immigration consequences of pleading guilty to a crime. Specifically, if a court fails to provide this information and the defendant can demonstrate that their conviction could lead to deportation or other immigration issues, they can request to withdraw their guilty plea within two years. This change is significant because it aims to protect non-citizens from unintentional legal outcomes that could severely affect their status in the country.

→
Previous
Latest
*LRB10015220SLF30121b* SB3276 100TH GENERAL ASSEMBLY State of Illinois and 2018 SB3276 Introduced 2/15/2018, by Sen.
SB3276 Engrossed LRB100 15220 SLF 30121 b AN ACT concerning criminal law.
Elgie R.
Sims, Jr.
SYNOPSIS AS INTRODUCED:
ILCS 5/113-8 Amends the Code of Criminal Procedure of 1963.
Provides that if the defendant is arraigned on or after the effective date of the bill, and the court fails to advise the defendant before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense, that "if you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States," and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty.
Provides that the motion shall be filed within 2 years of the date of the defendant's conviction.
LRB100 15220 SLF 30121 b A BILL FOR SB3276 LRB100 15220 SLF 30121 b AN ACT concerning criminal law.
(b) If the defendant is arraigned on or after the effective date of this amendatory Act of the 100th General Assembly, and the court fails to advise the defendant as required by subsection (a) of this Section, and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion SB3276 - 2 - LRB100 15220 SLF 30121 b from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty.
(b) If the defendant is arraigned on or after the effective date of this amendatory Act of the 100th General Assembly, and the court fails to advise the defendant as required by subsection (a) of this Section, and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion SB3276 Engrossed - 2 - LRB100 15220 SLF 30121 b from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Third Reading - Short Debate - Lost 051-064-000

  2. Placed on Calendar Order of 3rd Reading - Short Debate

  3. Third Reading - Consideration Postponed

  4. Placed on Calendar - Consideration Postponed

  5. Final Action Deadline Extended-9(b) May 31, 2018

  6. Placed on Calendar Order of 3rd Reading - Short Debate

  7. Second Reading - Short Debate

  8. Placed on Calendar 2nd Reading - Short Debate

  9. Do Pass / Short Debate Judiciary - Criminal Committee; 012-000-000

  10. Assigned to Judiciary - Criminal Committee

  11. Referred to Rules Committee

  12. First Reading

  13. Chief House Sponsor Rep. Kelly M. Cassidy

  14. Arrived in House

  15. Third Reading - Passed; 051-000-000

  16. Added as Co-Sponsor Sen. Michael E. Hastings

  17. Placed on Calendar Order of 3rd Reading April 23, 2018

  18. Second Reading

  19. Added as Co-Sponsor Sen. Omar Aquino

  20. Placed on Calendar Order of 2nd Reading April 12, 2018

  21. Do Pass Criminal Law; 009-000-000

  22. Postponed - Criminal Law

  23. Added as Chief Co-Sponsor Sen. Iris Y. Martinez

  24. Assigned to Criminal Law

  25. Referred to Assignments

  26. First Reading

  27. Filed with Secretary by Sen. Elgie R. Sims, Jr.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 20 voted No

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Failed 51 Yea · 64 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 284402
Democrat 23801
Republican 01200
Total 516403
% of votes cast 43%54%0%3%
How each member voted (118)
Member Party Vote
Batinick — Nay
Bellock — Nay
Bourne — Nay
Breen — Nay
Bristow — Nay
Butler — Nay
Carroll — Nay
Costello — Nay
McAuliffe — Nay
Lang — Yea
Madigan — Yea
Sente — Yea
Skillicorn — Nay
Stratton — Yea
Harris, Gregory — Yea
Hernandez — Yea
Burke, Daniel — Yea
Tabares — Yea
Burke, Kelly — Yea
Thapedi — Yea
Jones — Yea
Turner — Yea
Wallace — Yea
Willis — Yea
Zalewski — Yea
Davis — Yea
Williams — Yea
Mitchell, Christian — Yea
Bennett — Nay
Sauer — Nay
Brady — Nay
Harris, David — Nay
Conyears-Ervin — Yea
Currie — Yea
D'Amico — Yea
Flowers — Yea
Frese — Nay
Greenwood — Yea
Hays — Nay
Long — Nay
McDermed — Nay
McSweeney — Nay
Parkhurst — Not Voting
Stewart — Nay
Unes — Nay
Wheeler, Barbara — Nay
Wehrli — Nay
Wheeler, Keith — Nay
Mitchell, Bill — Nay
Welter — Nay
Finnie, Natalie — Nay
Yingling — Nay
Cavaletto — Nay
Connor — Nay
Conroy — Nay
Demmer — Nay
Drury — Nay
Durkin — Nay
Fortner — Not Voting
Ives — Nay
Jesiel — Nay
Hurley — Nay
Jimenez — Nay
Olsen — Nay
Pritchard — Nay
Phillips — Nay
Reis — Nay
Riley — Yea
Sommer — Nay
Soto — Yea
Winger — Nay
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Nay
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Nay
Justin Slaughter Democrat Yea
Katie Stuart Democrat Nay
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Nay
Michael W. Halpin Democrat Nay
Michelle Mussman Democrat Nay
Natalie A. Manley Democrat Nay
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Not Voting
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Nay
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Nay
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Dan Swanson Republican Nay
Dave Severin Republican Nay
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Nay
Norine K. Hammond Republican Nay
Ryan Spain Republican Nay
Steven Reick Republican Nay
Terri Bryant Republican Nay
Tony M. McCombie Republican Nay

Official roll call →

Third Reading

Passed 51 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 30005
Republican 7002
Democrat 14001
Total 51008
% of votes cast 86%0%0%14%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Landek — Yea
Rooney — Yea
Manar — Yea
McCann — Yea
McCarter — Yea
McConnaughay — Not Voting
Mulroe — Yea
Muñoz — Yea
Bennett — Yea
Harris — Yea
Oberweis — Yea
Silverstein — Not Voting
Steans — Yea
Brady — Yea
Cullerton — Yea
Cullerton, T. — Yea
McGuire — Not Voting
Clayborne — Yea
Connelly — Yea
Haine — Yea
Hutchinson — Yea
Nybo — Yea
Raoul — Yea
Righter — Not Voting
Sandoval — Yea
Schimpf — Not Voting
Link — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Not Voting
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Not Voting
Dave Syverson Republican Yea
Jil Tracy Republican Not Voting
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

public-safety immigration civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 3276 do?
Amends the Code of Criminal Procedure of 1963. Provides that if the defendant is arraigned on or after the effective date of the bill, and the court fails to advise the defendant before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense, that "if you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States," and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty. Provides that the motion shall be filed within 2 years of the date of the defendant's conviction.
Who sponsors SB 3276?
SB 3276 is sponsored by Elgie R. Sims, Jr. (Democrat).
What is the current status of SB 3276?
This bill died with 100th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 3276?
Track SB 3276 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 3276

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 3276

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →