OREGON LAWS 2019 Chap. 437

CHAPTER 437 (f) That if the defendant enters a plea of guilty or no contest to an offense involving domestic vi- AN ACT HB 2932 olence, as defined in ORS 135.230, and is convicted of the offense, federal law may prohibit the defend- Relating to the immigration status of criminal de- ant from possessing, receiving, shipping or trans- fendants; creating new provisions; amending porting any firearm or firearm ammunition and that ORS 135.385; and declaring an emergency. the may negatively affect the defendant’s Be It Enacted by the People of the State of Or- ability to serve in the Armed Forces of the United egon: States as defined in ORS 348.282 or to be employed SECTION 1. ORS 135.385 is amended to read: in law enforcement. 135.385. (1) The court shall not accept a plea of (3) At the time of the plea, including while guilty or no contest to a felony or other charge on informing the defendant under subsection (2)(d) which the defendant appears in person without first of this section, the court may not inquire into addressing the defendant personally and determining the defendant’s immigration status or require that the defendant understands the nature of the the defendant to disclose the defendant’s immi- charge. gration status. (2) The court shall inform the defendant: (4) After informing the defendant under (a) That by a plea of guilty or no contest the subsection (2)(d) of this section, upon the defendant waives the right: defendant’s request, the court shall allow the (A) To by jury; defendant additional time to consider the deci- (B) Of confrontation; and sion to enter a plea of guilty or no contest. (C) Against self-incrimination. (b) Of the maximum possible on the SECTION 2. (1) The court may not inquire charge, including the maximum possible sentence into a defendant’s immigration status, and may from consecutive sentences. not require a defendant to disclose the (c) When the offense charged is one for which a defendant’s immigration status, at any time different or additional penalty is authorized by rea- during a criminal proceeding. son of the fact that the defendant may be adjudged (2) Subsection (1) of this section does not a dangerous offender, that this fact may be estab- prohibit a defendant from knowingly and volun- lished after a plea in the present action, thereby tarily disclosing to the court the defendant’s subjecting the defendant to different or additional immigration status at any time during the penalty. criminal proceeding. (d) That if the defendant is not a citizen of the United States conviction of a crime may result, un- SECTION 3. This 2019 Act being necessary der the laws of the United States, in removal pro- for the immediate preservation of the public ceedings, deportation, exclusion from admission to peace, health and safety, an emergency is de- the United States or denial of naturalization. clared to exist, and this 2019 Act takes effect on (e) That if the defendant is entering a guilty plea its passage. pursuant to a plea offer and agreed disposition re- Approved by the Governor June 20, 2019 commendation under ORS 135.405, the court will Filed in the office of Secretary of State June 24, 2019 agree to impose sentence as provided in the agreed Effective date June 20, 2019 disposition recommendation.

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