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