| HP1378 LD 1861 |
Second Regular Session - 125th Maine Legislature C "A", Filing Number H-857, Sponsored by
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LR 2741 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill in section 7 in §2124 in subsection 3 in paragraph A in the last line (page 4, line 9 in L.D.) by striking out the following: " or"
Amend the bill in section 7 in §2124 in subsection 3 in paragraph D in the last line (page 4, line 30 in L.D.) by striking out the following: " crime." and inserting the following: ' crime; or'
Amend the bill in section 7 in §2124 in subsection 3 by inserting at the end after paragraph D the following:
Amend the bill in section 11 in §2128-B by striking out all of subsection 3 (page 7, lines 4 to 7 in L.D.) and inserting the following:
Amend the bill by adding after section 14 the following:
‘Sec. 15. Application. If the date a noncitizen becomes aware, or should have become aware, that under federal immigration law, as a consequence of the particular plea, a deportation proceeding has been initiated against that noncitizen is on or after March 31, 2010, but prior to the effective date of this Act, the 60-day limitation period under the Maine Revised Statutes, Title 15, section 2128-B, subsection 3 runs from the effective date of this Act.’
summary
This amendment provides to a noncitizen who, in the context of a plea in which the noncitizen was represented by counsel and who under federal immigration law, as a consequence of the particular plea, is subject to a pending deportation proceeding a jurisdictional avenue independent of that already provided by the Maine Revised Statutes, Title 15, section 2124, subsection 1. This jurisdictional avenue provides a means by which to initiate a post-conviction review proceeding to test the effective-assistance-of-counsel guarantee under the United States Constitution, Amendment VI as reflected in the United States Supreme Court decision of Padilla v. Kentucky, 559 U.S. ___, 130 S.Ct. 1473 (2010). To qualify, the plea must also be accepted by a trial court on or after March 31, 2010.
The amendment also provides a different filing deadline for Title 15, section 2124, subsection 3, paragraph E than that provided for in paragraphs A and D of the same section. The 60-day limitation period runs from the date the noncitizen becomes aware, or should have become aware, that under federal immigration law, as a consequence of the particular plea, a deportation proceeding has been initiated against the noncitizen.
The amendment also adds an application section to provide a grace period of the same length as the new 60-day filing deadline for this indirect impediment.