Colorado 2022 Regular Session Status: Enacted 1 D cosponsors

SB 22-103 — Remedy For Improper Guilty Pleas

Last action — Governor Signed

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

This bill has been enacted into law. Introduced February 01, 2022. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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 removed

Plain-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.

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Previous
Latest
Second Regular Session Seventy-third General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
Second Regular Session Seventy-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
22-0628.01 Jacob Baus x2173 SENATE BILL 22-103 SENATE SPONSORSHIP Gonzales, HOUSE SPONSORSHIP (None), Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING A REMEDY FOR IMPROPERLY ENTERED GUILTY PLEAS .
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 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 applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill finds that some criminal defendants were not effectively advisedofimmigrationconsequencestoaguiltyplea,andtherefore,these defendantsdidnotknowingly,intelligently,andvoluntarilyenteraguilty plea.
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 vacating the guilty plea.
The bill authorizes these persons to petition the court for an order g vacating the guilty plea.
g d e 2 T R 2 A 2 8 Shading denotes HOUSE amendment.
i a 2 E R 20 A n , N 2 h Shading denotes HOUSE amendment.
E d c Capital letters or bold & italic numbers indicate new material to be added to existing statute.
S e r 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.
Dashes through the words indicate deletions from existing statute.
e A Be it enacted by the General Assembly of the State of Colorado:
e M A Be it enacted by the General Assembly of the State of Colorado:
View plain text versions (8)

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Governor Signed

  2. Signed by the President of the Senate

  3. Signed by the Speaker of the House

  4. Sent to the Governor

  5. Senate Considered House Amendments - Result was to Concur - Repass

  6. House Third Reading Passed - No Amendments

  7. House Second Reading Special Order - Passed with Amendments - Floor

  8. House Committee on Judiciary Refer Unamended to House Committee of the Whole

  9. Senate Third Reading Passed - No Amendments

  10. Introduced In House - Assigned to Judiciary

  11. Senate Second Reading Passed with Amendments - Committee, Floor

  12. Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole

  13. Introduced In Senate - Assigned to Judiciary

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 99 not signed on · 13 voted No

Sponsors (2)

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.

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

REPASS

Passed 33 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 8000
Unaffiliated 22001
Republican 3100
Total 33101
% 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

Official roll call →

CONCUR

Passed 34 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 8000
Unaffiliated 22001
Republican 4000
Total 34001
% 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

Official roll call →

BILL

Passed 40 Yea · 25 Nay
Party YeaNayPresentNot Voting
Democrat 22100
Republican 0800
Unaffiliated 181600
Total 402500
% 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

Official roll call →

BILL

Passed 34 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 8000
Unaffiliated 22001
Republican 4000
Total 34001
% 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

Official roll call →

Subjects

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 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?
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Last checked for changes 3 months ago · updated continuously

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