Bill Text: NY S04399 | 2009-2010 | General Assembly | Amended

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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 2-0)

Status: (Introduced - Dead) 2010-03-01 - ADVANCED TO THIRD READING [S04399 Detail]

Download: New_York-2009-S04399-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4399--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 22, 2009
                                      ___________
       Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
         when printed to be committed to the Committee on Codes --  recommitted
         to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       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 FAILURE TO ADVISE THE DEFENDANT PURSU-
   19  ANT TO THIS SUBDIVISION SHALL NOT BE DEEMED TO AFFECT THE  VOLUNTARINESS
   20  OF A PLEA OF GUILTY OF THE VALIDITY OF A CONVICTION, NOR SHALL IT AFFORD
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06645-02-0
       S. 4399--A                          2
    1  A DEFENDANT ANY RIGHTS IN SUBSEQUENT PROCEEDING RELATING TO SUCH DEFEND-
    2  ANT'S  DEPORTATION,  EXCLUSION  OR DENIAL OR NATURALIZATION.   THE COURT
    3  SHALL, CONTEMPORANEOUS WITH THE PLEA, AFFIRM ON THE RECORD OR IN A WRIT-
    4  ING THAT THE DEFENDANT HAS BEEN GIVEN THE NOTICE REQUIRED BY THIS SUBDI-
    5  VISION.
    6    S  2.  This  act shall take effect on the ninetieth day after it shall
    7  have become a law.