HRS §802E-1
Court must warn noncitizens before accepting a guilty plea
This section says that when someone who is not a U.S. citizen pleads guilty or no contest to a crime, the court must first warn them that the conviction could lead to deportation, being denied entry to the U.S., or being denied citizenship. The court must also give the defendant time to talk with the prosecutor if they did not know about these risks. The defendant does not have to tell the court their immigration status.
courts
The statute, as written — Legislative findings and intent
The legislature finds that in many instances involving an individual who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty or nolo contendere is entered without the defendant knowing that a conviction of such offense is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Therefore, it is the intent of the legislature in enacting this section to promote fairness to such accused individuals by requiring in such cases that acceptance of a guilty plea or plea of nolo contendere be preceded by an appropriate warning of the special consequences for such a defendant which may result from the plea. It is also the intent of the legislature that the court in such cases shall grant the defendant a reasonable amount of time to negotiate with the prosecuting agency in the event the defendant or the defendant's counsel was unaware of the possibility of deportation, exclusion from admission to the United States, or denial of naturalization as a result of conviction. It is further the intent of the legislature that at the time of the plea no defendant shall be required to disclose the defendant's legal status to the court.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.