[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 373 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 373

To amend the Immigration and Nationality Act to render inadmissible and 
  deportable certain aliens convicted of drunk driving, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2009

  Mr. Flake introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to render inadmissible and 
  deportable certain aliens convicted of drunk driving, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCREASED CRIMINAL PENALTIES RELATED TO DRUNK DRIVING.

    (a) Inadmissibility.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended--
            (1) by redesignating subparagraph (F) as subparagraph (J); 
        and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) Drunk drivers.--Any alien who has been 
                convicted of 3 offenses for driving under the influence 
                and at least 1 of the offenses is a felony under 
                Federal or State law, for which the alien was sentenced 
                to more than 1 year imprisonment, is inadmissible.''.
    (b) Deportability.--Section 237(a)(2) of such Act (8 U.S.C. 
1227(a)(2)) is amended by adding at the end the following:
                    ``(F) Drunk drivers.--Unless the Secretary of 
                Homeland Security or the Attorney General waives the 
                application of this subparagraph, any alien who has 
                been convicted of 3 offenses for driving under the 
                influence and at least 1 of the offenses is a felony 
                under Federal or State law, for which the alien was 
                sentenced to more than 1 year imprisonment, is 
                deportable.''.
    (c) Judicial Advisal.--
            (1) In general.--A court shall not accept a guilty plea for 
        driving under the influence unless the court has administered 
        to the defendant, on the record, the following adivsal:
        ``If you are not a citizen of the United States, you are 
        advised that conviction for driving under the influence, 
        including conviction by entry of any plea, even if the 
        conviction is later expunged, may result in deportation, 
        exclusion from admission to the United States, or denial of 
        naturalization pursuant to the laws of the United States.''.
            (2) Failure to advise.--Upon request, the court shall allow 
        the defendant a reasonable amount of additional time to 
        consider the appropriateness of the plea in light of the 
        advisement set out in paragraph (1). If the court fails to 
        advise the defendant in accordance with paragraph (1) and the 
        defendant shows that conviction of the offense to which the 
        defendant pleaded guilty may result in the defendant's 
        deportation, exclusion from the United States, or denial of 
        naturalization pursuant to the laws of the United States, the 
        court, upon a motion by the defendant, shall vacate the 
        judgment and permit the defendant to withdraw the plea and 
        enter a plea of not guilty. If the record does not show that 
        the court provided the required advisement, it shall be 
        presumed that the defendant did not receive the advisement. The 
        defendant shall not be required to disclose his or her 
        immigration status at any time.
    (d) Conforming Amendment.--Section 212(h) of such Act (8 U.S.C. 
1182(h)) is amended--
            (1) in the subsection heading, by striking ``Subsection 
        (a)(2)(A)(i)(I), (II), (B), (D), and (E)'' and inserting 
        ``Certain Provisions in Subsection (a)(2)''; and
            (2) in the matter preceding paragraph (1), by striking 
        ``and (E)'' and inserting ``(E), and (F)''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
convictions entered on or after such date.
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