Assembly Bill A4963

                                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.