Bill Text: NY S02026 | 2017-2018 | General Assembly | 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 1-0)
Status: (Introduced - Dead) 2017-01-11 - REFERRED TO CODES [S02026 Detail]
Download: New_York-2017-S02026-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2026 2017-2018 Regular Sessions IN SENATE January 11, 2017 ___________ Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed 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. LBD02364-01-7