Bill Text: NY A02321 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 2321 (Prior Session Legislation)

Introduced

Bill Title: Requires courts, prior to accepting a plea to a misdemeanor or violation, to provide notice to the defendant that such plea and the acceptance thereof could result in deportation, removal from the United States, exclusion from the United States or denial of citizenship, if the defendant is not a citizen of the United States.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A02321 Detail]

Download: New_York-2019-A02321-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          2321
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced by M. of A. RODRIGUEZ, BLAKE, CRESPO, BARRON, COLTON, MOSLEY,
          DAVILA,  DILAN,  HYNDMAN, GOTTFRIED, WALKER, DE LA ROSA -- Multi-Spon-
          sored by -- M. of A. COOK, PERRY -- read  once  and  referred  to  the
          Committee on Codes
        AN ACT to amend the criminal procedure law, in relation to requiring the
          court,  prior  to  accepting  a plea to a misdemeanor or violation, to
          advise the defendant of the risk of deportation if he or she is not  a
          citizen
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 340.20 of the criminal procedure law is amended  by
     2  adding a new subdivision 5 to read as follows:
     3    5.  Prior  to  accepting  a  defendant's  plea of guilty to a count or
     4  counts of an information, as  defined  by  subdivision  one  of  section
     5  340.10  of  this article, charging a misdemeanor, as defined in subdivi-
     6  sion two of section 55.10 of the penal law, or a violation,  as  defined
     7  by  subdivision three of section 55.10 of the penal law, the court shall
     8  advise the defendant that if the defendant  is  not  a  citizen  of  the
     9  United States, the defendant's plea of guilty and the court's acceptance
    10  thereof  may result in the defendant's deportation or removal, exclusion
    11  from admission to the United States or denial of naturalization pursuant
    12  to the laws of the United States. In addition, the court shall, prior to
    13  accepting such plea, advise the defendant that, if the defendant is  not
    14  a  citizen of the United States and is or becomes the subject of a final
    15  order of removal issued by the United  States  Immigration  and  Customs
    16  Enforcement,  the  defendant may be released to the custody of the Immi-
    17  gration and Customs Enforcement for removal purposes as a result of  the
    18  defendant's  plea  of guilty.  The court shall, contemporaneous with the
    19  plea, affirm on the record or in a writing that the defendant  has  been
    20  given the notice required by this subdivision.
    21    §  2.  This  act shall take effect on the ninetieth day after it shall
    22  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02181-01-9