Remedy For Improper Guilty Pleas
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SB 22-103 — Remedy For Improper Guilty Pleas
Last action — Governor Signed
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 01, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
2 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
The act finds that some criminal defendants were not effectively advised of immigration consequences to a guilty plea, and therefore, these defendants did not knowingly, intelligently, and voluntarily enter a guilty plea. The act authorizes these persons to petition the court for an order vacating the guilty plea. (Note: This summary applies to this bill as enacted.)
Bill Text
What changed in the latest version
25 added · 19 removedPlain-language change summary
The amendment adds the phrase "passes third reading in the house of introduction" to the bill's language and modifies the legislative summary link. It also clarifies that the bill is addressing concerns over some criminal defendants not being effectively informed about the immigration consequences of their guilty pleas, suggesting these pleas were not entered knowingly, intelligently, and voluntarily. This matters as it implies that those defendants may be able to challenge their guilty pleas based on the lack of proper advice regarding immigration impacts.
Second Regular Session Seventy-third General Assembly STATE OF COLORADO ENGROSSEDREENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
22-0628.01 Jacob Baus x2173 SENATE BILL 22-103 SENATE SPONSORSHIP Gonzales, Buckner, Coleman,Coram,Donovan,Fenberg,Fields,Gardner,Hansen, Hisey, Holbert, Kolker, Lee, Moreno, Pettersen, Priola, Rankin, Rodriguez, Simpson, Story HOUSE SPONSORSHIP (None),Tipper, Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING A REMEDY FOR IMPROPERLY ENTERED GUILTY PLEAS .
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that e applies to the reengrossed version of this bill will be available at n m 2 http://leg.colorado.gov.) T n 2 A U 9 The bill finds that some criminal defendants were not effectively E i c S a a advisedofimmigrationconsequencestoaguiltyplea,andtherefore,these R M defendantsdidnotknowingly,intelligently,andvoluntarilyenteraguilty r plea.
The bill authorizes these persons to petition the court for an order g vacating the guilty plea.
gi da e 2 TE R 220 A n , N 2 8h Shading denotes HOUSE amendment.
ES de cr Capital letters or bold & italic numbers indicate new material to be added to existing statune.M Dashes through the words indicate deletions from existing statute.
Dashese throughA Be it enacted by the wordsGeneral indicateAssembly deletionsof fromthe existingState statute.of Colorado:
e M A Be it enacted by the General Assembly of the State of Colorado:
View plain text versions (8)
- Engrossed Reengrossed (03/09/2022) pdf
- Engrossed Engrossed (03/08/2022) Current pdf
- Signed Act (04/18/2022) View text pdf
- Final Act (04/14/2022) View text pdf
- Rerevised (04/04/2022) View text pdf
- Revised (04/01/2022) View text pdf
- PA1 (03/04/2022) View text pdf
- Introduced Introduced (02/01/2022) pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Governor Signed
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Signed by the President of the Senate
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Signed by the Speaker of the House
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Sent to the Governor
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Senate Considered House Amendments - Result was to Concur - Repass
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House Third Reading Passed - No Amendments
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House Second Reading Special Order - Passed with Amendments - Floor
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House Committee on Judiciary Refer Unamended to House Committee of the Whole
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Senate Third Reading Passed - No Amendments
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Introduced In House - Assigned to Judiciary
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Senate Second Reading Passed with Amendments - Committee, Floor
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Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole
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Introduced In Senate - Assigned to Judiciary
Sponsors
- Kerry Tipper · Primary
- Julie Gonzales · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 99 not signed on · 13 voted No
Sponsors (2)
- Kerry Tipper
- Julie Gonzales Democrat
Co-sponsors (0)
None.
Not signed on (99)
99 members have not signed on to this bill.
Show all 99 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 8 | 0 | 0 | 0 |
| Unaffiliated | 22 | 0 | 0 | 1 |
| Republican | 3 | 1 | 0 | 0 |
| Total | 33 | 1 | 0 | 1 |
| % of votes cast | 94% | 3% | 0% | 3% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Buckner | — | Yea |
| Cooke | — | Yea |
| Coram | — | Yea |
| Donovan | — | Yea |
| Fields | — | Yea |
| Gardner | — | Yea |
| Ginal | — | Yea |
| Hansen | — | Yea |
| Hisey | — | Yea |
| Holbert | — | Yea |
| Lee | — | Yea |
| Lundeen | — | Not Voting |
| Moreno | — | Yea |
| Pettersen | — | Yea |
| Priola | — | Yea |
| Rankin | — | Yea |
| Scott | — | Yea |
| Smallwood | — | Yea |
| Sonnenberg | — | Yea |
| Woodward | — | Yea |
| Zenzinger | — | Yea |
| Fenberg | — | Yea |
| Jaquez Lewis | — | Yea |
| Chris Kolker | Democrat | Yea |
| James Coleman | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Jessie Danielson | Democrat | Yea |
| Julie Gonzales | Democrat | Yea |
| Nick Hinrichsen | Democrat | Yea |
| Robert Rodriguez | Democrat | Yea |
| Tammy Story | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Yea |
| Cleave Simpson | Republican | Yea |
| Larry Liston | Republican | Nay |
| Ty Winter | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 8 | 0 | 0 | 0 |
| Unaffiliated | 22 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 34 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Buckner | — | Yea |
| Cooke | — | Yea |
| Coram | — | Yea |
| Donovan | — | Yea |
| Fields | — | Yea |
| Gardner | — | Yea |
| Ginal | — | Yea |
| Hansen | — | Yea |
| Hisey | — | Yea |
| Holbert | — | Yea |
| Lee | — | Yea |
| Lundeen | — | Not Voting |
| Moreno | — | Yea |
| Pettersen | — | Yea |
| Priola | — | Yea |
| Rankin | — | Yea |
| Scott | — | Yea |
| Smallwood | — | Yea |
| Sonnenberg | — | Yea |
| Woodward | — | Yea |
| Zenzinger | — | Yea |
| Fenberg | — | Yea |
| Jaquez Lewis | — | Yea |
| Chris Kolker | Democrat | Yea |
| James Coleman | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Jessie Danielson | Democrat | Yea |
| Julie Gonzales | Democrat | Yea |
| Nick Hinrichsen | Democrat | Yea |
| Robert Rodriguez | Democrat | Yea |
| Tammy Story | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Yea |
| Cleave Simpson | Republican | Yea |
| Larry Liston | Republican | Yea |
| Ty Winter | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 22 | 1 | 0 | 0 |
| Republican | 0 | 8 | 0 | 0 |
| Unaffiliated | 18 | 16 | 0 | 0 |
| Total | 40 | 25 | 0 | 0 |
| % of votes cast | 62% | 38% | 0% | 0% |
How each member voted (65)
| Member | Party | Vote |
|---|---|---|
| Bernett | — | Yea |
| Bird | — | Yea |
| Bockenfeld | — | Nay |
| Caraveo | — | Yea |
| Carver | — | Nay |
| Esgar | — | Yea |
| Geitner | — | Nay |
| Gonzales-Gutierrez | — | Yea |
| Gray | — | Yea |
| Hanks | — | Nay |
| Herod | — | Yea |
| Holtorf | — | Nay |
| Hooton | — | Yea |
| Larson | — | Nay |
| Lontine | — | Yea |
| Lynch | — | Nay |
| McKean | — | Nay |
| McLachlan | — | Yea |
| Neville | — | Nay |
| Ortiz | — | Yea |
| Pico | — | Nay |
| Ransom | — | Nay |
| Sandridge | — | Nay |
| Tipper | — | Yea |
| Will | — | Nay |
| Young | — | Yea |
| Garnett | — | Yea |
| Adrienne Benavidez | — | Yea |
| Michaelson Jenet | — | Yea |
| Valdez D. | — | Yea |
| Van Beber | — | Nay |
| Van Winkle | — | Nay |
| Williams D. | — | Nay |
| deGruy Kennedy | — | Yea |
| Alex Valdez | Democrat | Yea |
| Andrew Boesenecker | Democrat | Yea |
| Brianna Titone | Democrat | Yea |
| Cathy Kipp | Democrat | Yea |
| Dylan Roberts | Democrat | Nay |
| Emily Sirota | Democrat | Yea |
| Iman Jodeh | Democrat | Yea |
| Jennifer Bacon | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Julie McCluskie | Democrat | Yea |
| Karen McCormick | Democrat | Yea |
| Kyle Mullica | Democrat | Yea |
| Lindsey Daugherty | Democrat | Yea |
| Lisa Cutter | Democrat | Yea |
| Mandy Lindsay | Democrat | Yea |
| Marc Snyder | Democrat | Yea |
| Meg Froelich | Democrat | Yea |
| Mike Weissman | Democrat | Yea |
| Monica Duran | Democrat | Yea |
| Naquetta Ricks | Democrat | Yea |
| Steven Woodrow | Democrat | Yea |
| Tom Sullivan | Democrat | Yea |
| Tony Exum | Democrat | Yea |
| Dan Woog | Republican | Nay |
| Janice Rich | Republican | Nay |
| Marc Catlin | Republican | Nay |
| Mark Baisley | Republican | Nay |
| Mary Bradfield | Republican | Nay |
| Matt Soper | Republican | Nay |
| Rod Pelton | Republican | Nay |
| Stephanie Luck | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 8 | 0 | 0 | 0 |
| Unaffiliated | 22 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 34 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Buckner | — | Yea |
| Cooke | — | Yea |
| Coram | — | Yea |
| Donovan | — | Yea |
| Fields | — | Yea |
| Gardner | — | Yea |
| Ginal | — | Yea |
| Hansen | — | Yea |
| Hisey | — | Yea |
| Holbert | — | Yea |
| Lee | — | Yea |
| Lundeen | — | Yea |
| Moreno | — | Yea |
| Pettersen | — | Yea |
| Priola | — | Yea |
| Rankin | — | Yea |
| Scott | — | Not Voting |
| Smallwood | — | Yea |
| Sonnenberg | — | Yea |
| Woodward | — | Yea |
| Zenzinger | — | Yea |
| Fenberg | — | Yea |
| Jaquez Lewis | — | Yea |
| Chris Kolker | Democrat | Yea |
| James Coleman | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Jessie Danielson | Democrat | Yea |
| Julie Gonzales | Democrat | Yea |
| Nick Hinrichsen | Democrat | Yea |
| Robert Rodriguez | Democrat | Yea |
| Tammy Story | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Yea |
| Cleave Simpson | Republican | Yea |
| Larry Liston | Republican | Yea |
| Ty Winter | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 22-103 do?
- The act finds that some criminal defendants were not effectively advised of immigration consequences to a guilty plea, and therefore, these defendants did not knowingly, intelligently, and voluntarily enter a guilty plea. The act authorizes these persons to petition the court for an order vacating the guilty plea. (Note: This summary applies to this bill as enacted.)
- Who sponsors SB 22-103?
- SB 22-103 is sponsored by Kerry Tipper and Julie Gonzales (Democrat).
- What is the current status of SB 22-103?
- This bill has been enacted into law. Introduced February 01, 2022. Enacted.
- Where can I track SB 22-103?
- Track SB 22-103 free on One Click Politics — get push/email alerts when it moves.
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