NY State Assembly Bill A4963A

Archive: Last Bill Status - In Assembly Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 22, 2010	print number 4963a
Feb 22, 2010	amend and recommit to codes
Jan 06, 2010	referred to codes
Feb 10, 2009	referred to codes

Bill Amendments

Original

A (Active)

Original

A (Active)

A4963 - Details

See Senate Version of this Bill:: S4399
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §340.20, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4417, S632
2013-2014: A2345, S216
2015-2016: A754, S1353
2017-2018: A643, S2026, S7103
2019-2020: A2321, S2341
2021-2022: A1481, A9877, S2903
2023-2024: A3057

A4963 - Summary

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.

A4963 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4963

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of A. P. RIVERA, DIAZ, ESPAILLAT, POWELL, J. RIVERA,
  PERRY -- Multi-Sponsored by -- M. of A. AUBRY, COOK, GLICK, GOTTFRIED,
  JACOBS, JOHN, SCARBOROUGH -- 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:

  Section 1. Section 340.20 of the criminal procedure law is amended  by
adding a new subdivision 5 to read as follows:
  5.  PRIOR  TO  ACCEPTING  A  DEFENDANT'S  PLEA OF GUILTY TO A COUNT OR
COUNTS OF AN INFORMATION, AS  DEFINED  BY  SUBDIVISION  ONE  OF  SECTION
340.10  OF  THIS ARTICLE, CHARGING A MISDEMEANOR, AS DEFINED IN SUBDIVI-
SION TWO OF SECTION 55.10 OF THE PENAL LAW, OR A VIOLATION,  AS  DEFINED
BY  SUBDIVISION THREE OF SECTION 55.10 OF THE PENAL LAW, THE COURT SHALL
ADVISE THE DEFENDANT THAT IF THE DEFENDANT  IS  NOT  A  CITIZEN  OF  THE
UNITED STATES, THE DEFENDANT'S PLEA OF GUILTY AND THE COURT'S ACCEPTANCE
THEREOF  MAY RESULT IN THE DEFENDANT'S DEPORTATION OR REMOVAL, EXCLUSION
FROM ADMISSION TO THE UNITED STATES OR DENIAL OF NATURALIZATION PURSUANT
TO THE LAWS OF THE UNITED STATES. IN ADDITION, THE COURT SHALL, PRIOR TO
ACCEPTING SUCH PLEA, ADVISE THE DEFENDANT THAT, IF THE DEFENDANT IS  NOT
A  CITIZEN OF THE UNITED STATES AND IS OR BECOMES THE SUBJECT OF A FINAL
ORDER OF REMOVAL ISSUED BY THE UNITED  STATES  IMMIGRATION  AND  CUSTOMS
ENFORCEMENT,  THE  DEFENDANT MAY BE RELEASED TO THE CUSTODY OF THE IMMI-
GRATION AND CUSTOMS ENFORCEMENT FOR REMOVAL PURPOSES AS A RESULT OF  THE
DEFENDANT'S  PLEA  OF  GUILTY. THE COURT SHALL, CONTEMPORANEOUS WITH THE
PLEA, AFFIRM ON THE RECORD OR IN A WRITING THAT THE DEFENDANT  HAS  BEEN
GIVEN THE NOTICE REQUIRED BY THIS SUBDIVISION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD06645-01-9

A4963A (ACTIVE) - Details

See Senate Version of this Bill:: S4399
Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §340.20, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4417, S632
2013-2014: A2345, S216
2015-2016: A754, S1353
2017-2018: A643, S2026, S7103
2019-2020: A2321, S2341
2021-2022: A1481, A9877, S2903
2023-2024: A3057

A4963A (ACTIVE) - Summary

A4963A (ACTIVE) - Sponsor Memo

BILL NUMBER:A4963A

TITLE OF BILL:  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

PURPOSE OR GENERAL IDEA OF BILL:  This bill requires notification of
alien defendants during the plea process that pleading. guilty to a
misdemeanor or violation may subject them to automatic removal
(deportation) or denial of naturalization.

SUMMARY OF SPECIFIC PROVISIONS:  This bill adds a new subdivision 2 to
section 170.60 of the criminal procedure law, requiring alien
defendants to be notified that pleading guilty to misdemeanors or
violations may have immigration consequences. Such notification shall
be on the record. For those courts not of record, the bill requires a
writing affirming that the warning was given contemporaneous with the
plea, and a form would suffice for this purpose.

JUSTIFICATION:  In 1996, Congress made major changes to federal
immigration law. Under the new federal law, legal immigrants and
residents may be subject to automatic removal (deportation) even if
they plead guilty to some minor offenses classified under N.Y. law as
violations. Deportation may also be a threat for those whose
proceedings do not result in a conviction under N.Y. law (i.e. entry

of guilty plea to drug treatment on order of court as alternative to
conviction and incarceration).

Unfortunately, defendants pleading guilty to these minor offenses are
unaware of the harsh new federal immigration consequences of doing so.
Because of the broad scope of the 1996 immigration law, defendants who
have plead guilty to some minor offenses, even more than 25 years ago,
are now subject to deportation. As a result, immigrant communities
have lost confidence in state courts and the criminal justice system
generally.

This bill requires defendants to be notified during the plea process
for misdemeanors and violations that pleading guilty may subject them
to automatic deportation or denial of naturalization. Legal residents
and immigrants will now have the opportunity to consider the harsh
immigration consequences of pleading guilty to a minor offense, even
if doing so would have provided no sentence or fine.

At least nine other states have similar statutes or court rules
requiring notification prior to accepting a defendant's plea;
including: Massachusetts, Connecticut, Texas, Florida, California and
the District of Columbia; most of these states allowing the plea to be
vacated if the prescribed warning is not given.

Defendants should, at the very least, be made aware that pleading
guilty to some of these minor offenses could put them on a plane out
of the country or worse -- removal to a detention center cell for an
indefinite term while awaiting deportation. This bill, while providing
no rights to illegal immigrants, provides legal immigrants and
residents with the protection of making a plea with the understanding
of its immigration consequences.


PRIOR LEGISLATIVE HISTORY:
S.4077/A.7175 of 1999-2000 Passed Assembly
A.7702 of 2001-2002 Passed assembly
A. 6019 of 2003-2004 Rules Committee
A. 6884 of 2005-2006 Codes Committee
A. 4166 of 2007-2008 Rules Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  NONE

EFFECTIVE  DATE:    This  bill  will take effect on the 90th day after
enactment.

A4963A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4963--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. P. RIVERA, ESPAILLAT, POWELL, J. RIVERA, PERRY --
  Multi-Sponsored  by -- M. of A. AUBRY, COOK, GLICK, GOTTFRIED, JACOBS,
  JOHN, SCARBOROUGH -- read once and referred to the Committee on  Codes
  --  recommitted  to the Committee on Codes in accordance with Assembly
  Rule  3,  sec.  2  --  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:

  Section 1. Section 340.20 of the criminal procedure law is amended  by
adding a new subdivision 5 to read as follows:
  5.  PRIOR  TO  ACCEPTING  A  DEFENDANT'S  PLEA OF GUILTY TO A COUNT OR
COUNTS OF AN INFORMATION, AS  DEFINED  BY  SUBDIVISION  ONE  OF  SECTION
340.10  OF  THIS ARTICLE, CHARGING A MISDEMEANOR, AS DEFINED IN SUBDIVI-
SION TWO OF SECTION 55.10 OF THE PENAL LAW, OR A VIOLATION,  AS  DEFINED
BY  SUBDIVISION THREE OF SECTION 55.10 OF THE PENAL LAW, THE COURT SHALL
ADVISE THE DEFENDANT THAT IF THE DEFENDANT  IS  NOT  A  CITIZEN  OF  THE
UNITED STATES, THE DEFENDANT'S PLEA OF GUILTY AND THE COURT'S ACCEPTANCE
THEREOF  MAY RESULT IN THE DEFENDANT'S DEPORTATION OR REMOVAL, EXCLUSION
FROM ADMISSION TO THE UNITED STATES OR DENIAL OF NATURALIZATION PURSUANT
TO THE LAWS OF THE UNITED STATES. IN ADDITION, THE COURT SHALL, PRIOR TO
ACCEPTING SUCH PLEA, ADVISE THE DEFENDANT THAT, IF THE DEFENDANT IS  NOT
A  CITIZEN OF THE UNITED STATES AND IS OR BECOMES THE SUBJECT OF A FINAL
ORDER OF REMOVAL ISSUED BY THE UNITED  STATES  IMMIGRATION  AND  CUSTOMS
ENFORCEMENT,  THE  DEFENDANT MAY BE RELEASED TO THE CUSTODY OF THE IMMI-
GRATION AND CUSTOMS ENFORCEMENT FOR REMOVAL PURPOSES AS A RESULT OF  THE
DEFENDANT'S  PLEA OF GUILTY.  THE FAILURE TO ADVISE THE DEFENDANT PURSU-
ANT TO THIS SUBDIVISION SHALL NOT BE DEEMED TO AFFECT THE  VOLUNTARINESS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06645-03-0

A. 4963--A                          2

OF A PLEA OF GUILTY OF THE VALIDITY OF A CONVICTION, NOR SHALL IT AFFORD
A DEFENDANT ANY RIGHTS IN SUBSEQUENT PROCEEDING RELATING TO SUCH DEFEND-
ANT'S  DEPORTATION,  EXCLUSION  OR DENIAL OR NATURALIZATION.   THE COURT
SHALL, CONTEMPORANEOUS WITH THE PLEA, AFFIRM ON THE RECORD OR IN A WRIT-
ING THAT THE DEFENDANT HAS BEEN GIVEN THE NOTICE REQUIRED BY THIS SUBDI-
VISION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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The New York State Senate

assembly Bill A4963A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Your Voice

Actions

Bill Amendments

A4963 - Details

A4963 - Summary

A4963 - Bill Text download pdf

A4963A (ACTIVE) - Details

A4963A (ACTIVE) - Summary

A4963A (ACTIVE) - Sponsor Memo

A4963A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A4963A

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Sponsored By

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Archive: Last Bill Status - In Assembly Committee

Your Voice

Actions

Bill Amendments

A4963 - Details

A4963 - Summary

A4963 - Bill Text download pdf

A4963A (ACTIVE) - Details

A4963A (ACTIVE) - Summary

A4963A (ACTIVE) - Sponsor Memo

A4963A (ACTIVE) - Bill Text download pdf

Comments