DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.

SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT. (a) Definition.— (1) In general.— Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end the following new paragraph: “(48) (A) The term ‘conviction’ means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where— “(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and “(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed. “(B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of 110 STAT. 3009–629any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.”. (2) Conforming amendments.— (A) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by striking “imposed (regardless of any suspension of imprisonment)” each place it appears in subparagraphs (F), (G), (N), and (P). (B) Section 212(a)(2)(B) (8 U.S.C. 1182(a)(2)(B)) is amended by striking “actually imposed”. (b) Reference to Proof Provisions.— For provisions relating to proof of convictions, see subparagraphs (B) and (C) of section 240(c)(3) of the Immigration and Nationality Act, as inserted by section 304(a)(3) of this division. (c) Effective Date.— The amendments made by subsection (a) shall apply to convictions and sentences entered before, on, or after the date of the enactment of this Act. Subparagraphs (B) and (C) of section 240(c)(3) of the Immigration and Nationality Act, as inserted by section 304(a)(3) of this division, shall apply to proving such convictions.