NY State Senate Bill S3154B

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 26, 2010	print number 3154b
Jun 26, 2010	amend and recommit to codes
Mar 29, 2010	print number 3154a
Mar 29, 2010	amend and recommit to codes
Jan 06, 2010	referred to codes
Mar 12, 2009	referred to codes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S3154 - Details

See Assembly Version of this Bill:: A5883
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§170.10, 180.10 & 210.15, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S350, A5160
2013-2014: S860, A2343
2015-2016: S596
2017-2018: S4958, S8692
2019-2020: S1748
2021-2022: S3004

S3154 - Summary

Requires a court to advise a defendant that if he or she is an alien and he or she is convicted of a crime, whether by plea or trial, such conviction may result in his or her deportation; allows a withdrawal of a plea of guilty by an alien if such alien is threatened with deportation and such alien is not so advised of such threat of deportation.

S3154 - Sponsor Memo

S3154 - Bill Text download pdf

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

                                  3154

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by  Sen.  DIAZ  --  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  an
  advisement  by  the  court  regarding  the possible consequences to an
  alien of the acceptance of a plea of guilty to a crime under state law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Legislative  finding and declaration.   The legislature
finds and declares that in many instances involving an individual who is
not a citizen of the United States charged with an offense punishable as
a crime under state law, a plea of guilty is entered without the defend-
ant knowing that a conviction of such offense is  grounds  for  deporta-
tion, exclusion from admission to the United States, or denial of natur-
alization  pursuant  to the laws of the United States.  Therefore, it is
the intent of the legislature by enacting this act to  promote  fairness
to  such  accused individuals by requiring in such cases that acceptance
of a guilty plea be preceded by an appropriate warning  of  the  special
consequences for such a defendant which may result from the plea.  It is
also  the  intent  of the legislature that the court in such cases shall
grant the defendant a reasonable amount of time to  negotiate  with  the
prosecutor  in  the  event  the defendant or the defendant's counsel was
unaware of the possibility of deportation, exclusion from  admission  to
the   United  States,  or  denial  of  naturalization  as  a  result  of
conviction. It is further the intent of the legislature that at the time
of the plea no defendant shall be required to disclose his or her  legal
status to the court.
  S 2.  Subdivision 4 of section 170.10 of the criminal procedure law is
amended by adding a new paragraph (e) to read as follows:
  (E)  WHERE THE ACCUSATORY INSTRUMENT IS AN INFORMATION, A PROSECUTOR'S
INFORMATION OR A MISDEMEANOR COMPLAINT, PRIOR TO ACCEPTANCE OF A PLEA OF
GUILTY  TO  ANY CRIME UNDER STATE LAW, THE DEFENDANT, IN ADDITION TO ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04955-01-9

S. 3154                             2

OTHER WARNING REQUIRED BY LAW, SHALL BE ENTITLED  TO  SUBSTANTIALLY  THE
FOLLOWING  ADVISEMENT  TO BE ORALLY ADMINISTERED BY THE COURT AND PLACED
UPON THE RECORD:  "IF YOU ARE NOT A CITIZEN OF THE  UNITED  STATES,  YOU
ARE  HEREBY  ADVISED THAT ACCEPTANCE BY THE COURT OF A PLEA OF GUILTY OR
CONVICTION OF THE CRIME FOR WHICH YOU HAVE BEEN CHARGED  MAY  RESULT  IN
YOUR  DEPORTATION,  EXCLUSION  FROM  ADMISSION  TO THE UNITED STATES, OR
DENIAL OF NATURALIZATION PURSUANT TO THE LAWS  OF  THE  UNITED  STATES."
ABSENT  A RECORD THAT THE COURT PROVIDED THE ADVISEMENT REQUIRED BY THIS
PARAGRAPH, THE DEFENDANT SHALL BE PRESUMED  NOT  TO  HAVE  RECEIVED  THE
REQUIRED ADVISEMENT.
  S 3. Section 180.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  UPON ARRAIGNMENT ON A FELONY COMPLAINT, AND PRIOR TO ACCEPTANCE OF
A PLEA OF GUILTY TO ANY CRIME UNDER STATE LAW, THE DEFENDANT  SHALL,  IN
ADDITION  TO  ANY OTHER WARNING REQUIRED BY LAW, BE ENTITLED TO SUBSTAN-
TIALLY THE FOLLOWING ADVISEMENT TO BE ORALLY ADMINISTERED BY  THE  COURT
AND  PLACED  UPON  THE RECORD:   "IF YOU ARE NOT A CITIZEN OF THE UNITED
STATES, YOU ARE HEREBY ADVISED THAT ACCEPTANCE BY THE COURT OF A PLEA OF
GUILTY OR CONVICTION OF THE CRIME FOR WHICH YOU HAVE  BEEN  CHARGED  MAY
RESULT  IN  YOUR  DEPORTATION,  EXCLUSION  FROM  ADMISSION TO THE UNITED
STATES, OR DENIAL OF NATURALIZATION PURSUANT TO THE LAWS OF  THE  UNITED
STATES."    ABSENT  A  RECORD  THAT  THE  COURT  PROVIDED THE ADVISEMENT
REQUIRED BY THIS SUBDIVISION, THE DEFENDANT SHALL  BE  PRESUMED  NOT  TO
HAVE RECEIVED THE REQUIRED ADVISEMENT.
  S 4. Section 210.15 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
  4.  UPON  ARRAIGNMENT  ON  AN INDICTMENT, AND PRIOR TO ACCEPTANCE OF A
PLEA OF GUILTY TO ANY CRIME UNDER STATE LAW,  THE  DEFENDANT  SHALL,  IN
ADDITION  TO  ANY OTHER WARNING REQUIRED BY LAW, BE ENTITLED TO SUBSTAN-
TIALLY THE FOLLOWING ADVISEMENT TO BE ORALLY ADMINISTERED BY  THE  COURT
AND  PLACED  UPON  THE RECORD:   "IF YOU ARE NOT A CITIZEN OF THE UNITED
STATES, YOU ARE HEREBY ADVISED THAT ACCEPTANCE BY THE COURT OF A PLEA OF
GUILTY OR CONVICTION OF THE CRIME FOR WHICH YOU HAVE  BEEN  CHARGED  MAY
RESULT  IN  YOUR  DEPORTATION,  EXCLUSION  FROM  ADMISSION TO THE UNITED
STATES, OR DENIAL OF NATURALIZATION PURSUANT TO THE LAWS OF  THE  UNITED
STATES."    ABSENT  A  RECORD  THAT  THE  COURT  PROVIDED THE ADVISEMENT
REQUIRED BY THIS SUBDIVISION, THE DEFENDANT SHALL  BE  PRESUMED  NOT  TO
HAVE RECEIVED THE REQUIRED ADVISEMENT.
  S  5.    This  act  shall  take  effect  on the first of November next
succeeding the date on which it shall have become a law.

Co-Sponsors

S3154A - Details

See Assembly Version of this Bill:: A5883
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§170.10, 180.10 & 210.15, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S350, A5160
2013-2014: S860, A2343
2015-2016: S596
2017-2018: S4958, S8692
2019-2020: S1748
2021-2022: S3004

S3154A - Summary

S3154A - Sponsor Memo

S3154A - Bill Text download pdf

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

                                 3154--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by  Sens.  DIAZ,  HASSELL-THOMPSON -- 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  an
  advisement  by  the  court  regarding  the possible consequences to an
  alien of the acceptance of a plea of guilty to a crime under state law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Legislative  finding and declaration.   The legislature
finds and declares that in many instances involving an individual who is
not a citizen of the United States charged with an offense punishable as
a crime under state law, a plea of guilty is entered without the defend-
ant knowing that a conviction of such offense is  grounds  for  deporta-
tion, exclusion from admission to the United States, or denial of natur-
alization  pursuant  to the laws of the United States.  Therefore, it is
the intent of the legislature by enacting this act to  promote  fairness
to  such  accused individuals by requiring in such cases that acceptance
of a guilty plea be preceded by an appropriate warning  of  the  special
consequences for such a defendant which may result from the plea.  It is
also  the  intent  of the legislature that the court in such cases shall
grant the defendant a reasonable amount of time to  negotiate  with  the
prosecutor  in  the  event  the defendant or the defendant's counsel was
unaware of the possibility of deportation, exclusion from  admission  to
the   United  States,  or  denial  of  naturalization  as  a  result  of
conviction. It is further the intent of the legislature that at the time
of the plea no defendant shall be required to disclose his or her  legal
status to the court.
  S 2.  Subdivision 4 of section 170.10 of the criminal procedure law is
amended by adding a new paragraph (f) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04955-03-0

S. 3154--A                          2

  (F)  WHERE THE ACCUSATORY INSTRUMENT IS AN INFORMATION, A PROSECUTOR'S
INFORMATION OR A MISDEMEANOR COMPLAINT, PRIOR TO ACCEPTANCE OF A PLEA OF
GUILTY  TO  ANY CRIME UNDER STATE LAW, THE DEFENDANT, IN ADDITION TO ANY
OTHER WARNING REQUIRED BY LAW, SHALL BE ENTITLED  TO  SUBSTANTIALLY  THE
FOLLOWING  ADVISEMENT  TO BE ORALLY ADMINISTERED BY THE COURT AND PLACED
UPON THE RECORD:  "IF YOU ARE NOT A CITIZEN OF THE  UNITED  STATES,  YOU
ARE  HEREBY  ADVISED THAT ACCEPTANCE BY THE COURT OF A PLEA OF GUILTY OR
CONVICTION OF THE CRIME FOR WHICH YOU HAVE BEEN CHARGED  MAY  RESULT  IN
YOUR  DEPORTATION,  EXCLUSION  FROM  ADMISSION  TO THE UNITED STATES, OR
DENIAL OF NATURALIZATION PURSUANT TO THE LAWS  OF  THE  UNITED  STATES."
ABSENT  A RECORD THAT THE COURT PROVIDED THE ADVISEMENT REQUIRED BY THIS
PARAGRAPH, THE DEFENDANT SHALL BE PRESUMED  NOT  TO  HAVE  RECEIVED  THE
REQUIRED ADVISEMENT.
  S 3. Section 180.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  UPON ARRAIGNMENT ON A FELONY COMPLAINT, AND PRIOR TO ACCEPTANCE OF
A PLEA OF GUILTY TO ANY CRIME UNDER STATE LAW, THE DEFENDANT  SHALL,  IN
ADDITION  TO  ANY OTHER WARNING REQUIRED BY LAW, BE ENTITLED TO SUBSTAN-
TIALLY THE FOLLOWING ADVISEMENT TO BE ORALLY ADMINISTERED BY  THE  COURT
AND  PLACED  UPON  THE RECORD:   "IF YOU ARE NOT A CITIZEN OF THE UNITED
STATES, YOU ARE HEREBY ADVISED THAT ACCEPTANCE BY THE COURT OF A PLEA OF
GUILTY OR CONVICTION OF THE CRIME FOR WHICH YOU HAVE  BEEN  CHARGED  MAY
RESULT  IN  YOUR  DEPORTATION,  EXCLUSION  FROM  ADMISSION TO THE UNITED
STATES, OR DENIAL OF NATURALIZATION PURSUANT TO THE LAWS OF  THE  UNITED
STATES."    ABSENT  A  RECORD  THAT  THE  COURT  PROVIDED THE ADVISEMENT
REQUIRED BY THIS SUBDIVISION, THE DEFENDANT SHALL  BE  PRESUMED  NOT  TO
HAVE RECEIVED THE REQUIRED ADVISEMENT.
  S 4. Section 210.15 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
  4.  UPON  ARRAIGNMENT  ON  AN INDICTMENT, AND PRIOR TO ACCEPTANCE OF A
PLEA OF GUILTY TO ANY CRIME UNDER STATE LAW,  THE  DEFENDANT  SHALL,  IN
ADDITION  TO  ANY OTHER WARNING REQUIRED BY LAW, BE ENTITLED TO SUBSTAN-
TIALLY THE FOLLOWING ADVISEMENT TO BE ORALLY ADMINISTERED BY  THE  COURT
AND  PLACED  UPON  THE RECORD:   "IF YOU ARE NOT A CITIZEN OF THE UNITED
STATES, YOU ARE HEREBY ADVISED THAT ACCEPTANCE BY THE COURT OF A PLEA OF
GUILTY OR CONVICTION OF THE CRIME FOR WHICH YOU HAVE  BEEN  CHARGED  MAY
RESULT  IN  YOUR  DEPORTATION,  EXCLUSION  FROM  ADMISSION TO THE UNITED
STATES, OR DENIAL OF NATURALIZATION PURSUANT TO THE LAWS OF  THE  UNITED
STATES."    ABSENT  A  RECORD  THAT  THE  COURT  PROVIDED THE ADVISEMENT
REQUIRED BY THIS SUBDIVISION, THE DEFENDANT SHALL  BE  PRESUMED  NOT  TO
HAVE RECEIVED THE REQUIRED ADVISEMENT.  IF UPON REVIEW IT IS DEEMED THAT
PROPER  PROCEDURE  OF  THE LAW WAS NOT FOLLOWED AND THIS RESULTED IN THE
DEFENDANT NOT BEING INFORMED OF THE POSSIBLE ADDITIONAL  CONSEQUENCE  OF
DEPORTATION,  EXCLUSION  FROM  ENTRY  INTO THE UNITED STATES, OR LOSS OF
NATURALIZATION STATUS, THE DEFENDANT SHALL HAVE THE ABILITY OF WITHDRAW-
ING THEIR GUILTY PLEA WITHOUT PREJUDICE AND RE-OPENING THE  CASE  WITHIN
THE COURT SYSTEM.
  S  5.    This  act  shall  take  effect  on the first of November next
succeeding the date on which it shall have become a law.

Co-Sponsors

S3154B (ACTIVE) - Details

See Assembly Version of this Bill:: A5883
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§170.10, 180.10 & 210.15, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S350, A5160
2013-2014: S860, A2343
2015-2016: S596
2017-2018: S4958, S8692
2019-2020: S1748
2021-2022: S3004

S3154B (ACTIVE) - Summary

S3154B (ACTIVE) - Sponsor Memo

BILL NUMBER:S3154B

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to requiring an
advisement by the court
regarding the possible consequences to an alien of the acceptance of
a plea of guilty to a crime
under state law

PURPOSE OR GENERAL IDEA OF BILL:
Requires that an alien who is a defendant in the criminal justice
system be warned that the acceptance of a guilty plea may be grounds
for deportation, exclusion from admission to the united States, or
denial of naturalization.

SUMMARY OF PROVISIONS:

Section 1 - Legislative Intent

Section 2 - Amends Section 170.10 of the criminal procedure law to
provide that before a guilty plea is accepted by an alien, the court
shall inform the defendant that acceptance of a guilty plea or
conviction may result in such defendant's deportation, exclusion from
admission to the United States, or denial of naturalization. Provides
that upon request, the court shall allow the defendant additional

time to consider the appropriateness of the plea in light of the
advisement.

Section 3 Amends Section 180.10 of the criminal procedure law to
provide that before a guilty plea is accepted by an alien, the court
shall inform the defendant that acceptance of a guilty plea or
conviction may result in such defendant's deportation, exclusion from
admission to the United States, or denial of naturalization. Provides
that upon request, the court shall allow the defendant additional
time to consider the appropriateness of the plea in light of the
advisement.

Section 4 - Amends Section 210.15 of the criminal
procedure law to provide that if the Court fails to so advise the
defendant, such defendant will have the right to withdraw the guilty
plea. Absent an official record in the court file that the court
provided the advisement as prescribed, the defendant shall be
presumed not to have received the advisement.
Allows the court to set aside the judgment and permit the defendant to
withdraw the plea. Provides that the defendant shall not be required
at anytime during the proceedings or at the time of the plea to
disclose his or her legal status.

Section 5-  Effective Date

JUSTIFICATION:
Many individuals who are not citizens and are accused of a crime under
State law are not aware of the fact that acceptance of a guilty plea
could constitute grounds for deportation, exclusion from admission to
the United States, or denial of naturalization. Allowing any such
guilty pleas taken in ignorance of major consequences constitutes a
denial of elementary concepts of fairness and may also constitute a
denial of due process.

PRIOR LEGISLATIVE HISTORY:
2005/06: A.4100
2007/08: S.776

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S3154B (ACTIVE) - Bill Text download pdf

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

                                 3154--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by  Sens.  DIAZ,  ESPADA, HASSELL-THOMPSON -- 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 -- 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  an
  advisement  by  the  court  regarding  the possible consequences to an
  alien of the acceptance of a plea of guilty to a crime under state law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Legislative  finding and declaration.   The legislature
finds and declares that in many instances involving an individual who is
not a citizen of the United States charged with an offense punishable as
a crime under state law, a plea of guilty is entered without the defend-
ant knowing that a conviction of such offense is  grounds  for  deporta-
tion, exclusion from admission to the United States, or denial of natur-
alization  pursuant  to the laws of the United States.  Therefore, it is
the intent of the legislature by enacting this act to  promote  fairness
to  such  accused individuals by requiring in such cases that acceptance
of a guilty plea be preceded by an appropriate warning  of  the  special
consequences for such a defendant which may result from the plea.  It is
also  the  intent  of the legislature that the court in such cases shall
grant the defendant a reasonable amount of time to  negotiate  with  the
prosecutor  in  the  event  the defendant or the defendant's counsel was
unaware of the possibility of deportation, exclusion from  admission  to
the   United  States,  or  denial  of  naturalization  as  a  result  of
conviction. It is further the intent of the legislature that at the time
of the plea no defendant shall be required to disclose his or her  legal
status to the court.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04955-07-0

S. 3154--B                          2

  S 2.  Subdivision 4 of section 170.10 of the criminal procedure law is
amended by adding two new paragraphs (f) and (g) to read as follows:
  (F)  WHERE THE ACCUSATORY INSTRUMENT IS AN INFORMATION, A PROSECUTOR'S
INFORMATION OR A MISDEMEANOR COMPLAINT, BEFORE ACCEPTING A PLEA OF GUIL-
TY TO ANY OFFENSE PUNISHABLE AS A CRIME UNDER STATE LAW, THE COURT SHALL
ADDRESS  THE  DEFENDANT  PERSONALLY  IN OPEN COURT, ON THE RECORD, UNDER
OATH, INFORMING HIM OR HER OF AND DETERMINING THAT HE OR SHE UNDERSTANDS
THE FOLLOWING:  "IF YOU ARE NOT A CITIZEN OF THE UNITED STATES, YOU  ARE
HEREBY  ADVISED  THAT  ACCEPTANCE  BY  THE  COURT OF A PLEA OF GUILTY OR
CONVICTION OF THE CRIME FOR WHICH YOU HAVE BEEN CHARGED  MAY  RESULT  IN
YOUR  DEPORTATION,  EXCLUSION  FROM  ADMISSION  TO THE UNITED STATES, OR
DENIAL OF NATURALIZATION PURSUANT TO THE LAWS  OF  THE  UNITED  STATES."
ABSENT  A RECORD THAT THE COURT PROVIDED THE ADVISEMENT REQUIRED BY THIS
PARAGRAPH, THE DEFENDANT SHALL BE PRESUMED  NOT  TO  HAVE  RECEIVED  THE
REQUIRED ADVISEMENT.
  (G)  UPON REQUEST, THE COURT SHALL ALLOW THE DEFENDANT ADDITIONAL TIME
TO CONSIDER THE APPROPRIATENESS OF THE PLEA IN LIGHT OF  THE  ADVISEMENT
AS DESCRIBED IN PARAGRAPH (F) OF THIS SUBDIVISION.
  S 3. Section 180.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.    BEFORE ACCEPTING A PLEA OF GUILTY TO ANY OFFENSE PUNISHABLE AS A
CRIME UNDER STATE LAW, THE COURT SHALL ADDRESS THE DEFENDANT  PERSONALLY
IN  OPEN  COURT,  ON THE RECORD, UNDER OATH, INFORMING HIM OR HER OF AND
DETERMINING THAT HE OR SHE UNDERSTANDS THE FOLLOWING:  "IF YOU ARE NOT A
CITIZEN OF THE UNITED STATES, YOU ARE HEREBY ADVISED THAT ACCEPTANCE  BY
THE  COURT  OF A PLEA OF GUILTY OR CONVICTION OF THE CRIME FOR WHICH YOU
HAVE BEEN CHARGED MAY RESULT IN YOUR DEPORTATION, EXCLUSION FROM  ADMIS-
SION  TO  THE UNITED STATES, OR DENIAL OF NATURALIZATION PURSUANT TO THE
LAWS OF THE UNITED STATES."  ABSENT A RECORD THAT THE COURT PROVIDED THE
ADVISEMENT REQUIRED BY THIS SUBDIVISION, THE DEFENDANT SHALL BE PRESUMED
NOT TO HAVE RECEIVED THE REQUIRED ADVISEMENT.
  UPON REQUEST, THE COURT SHALL ALLOW THE DEFENDANT ADDITIONAL  TIME  TO
CONSIDER  THE  APPROPRIATENESS OF THE PLEA IN LIGHT OF THE ADVISEMENT AS
DESCRIBED IN PARAGRAPH (F) OF SUBDIVISION FOUR OF SECTION 170.10 OF THIS
TITLE.
  S 4. Section 210.15 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
  4. UPON ARRAIGNMENT ON AN INDICTMENT, AND PRIOR  TO  ACCEPTANCE  OF  A
PLEA  OF  GUILTY  TO  ANY CRIME UNDER STATE LAW, THE DEFENDANT SHALL, IN
ADDITION TO ANY OTHER WARNING REQUIRED BY LAW, BE ENTITLED  TO  SUBSTAN-
TIALLY  THE  FOLLOWING ADVISEMENT TO BE ORALLY ADMINISTERED BY THE COURT
AND PLACED UPON THE RECORD:  "IF YOU ARE NOT A  CITIZEN  OF  THE  UNITED
STATES, YOU ARE HEREBY ADVISED THAT ACCEPTANCE BY THE COURT OF A PLEA OF
GUILTY  OR  CONVICTION  OF THE CRIME FOR WHICH YOU HAVE BEEN CHARGED MAY
RESULT IN YOUR DEPORTATION,  EXCLUSION  FROM  ADMISSION  TO  THE  UNITED
STATES,  OR  DENIAL OF NATURALIZATION PURSUANT TO THE LAWS OF THE UNITED
STATES."   ABSENT A  RECORD  THAT  THE  COURT  PROVIDED  THE  ADVISEMENT
REQUIRED  BY  THIS  SUBDIVISION,  THE DEFENDANT SHALL BE PRESUMED NOT TO
HAVE RECEIVED THE REQUIRED ADVISEMENT. IF THE COURT FAILS TO  SO  ADVISE
THE  DEFENDANT,  AND  HE  OR SHE LATER AT ANY TIME SHOWS THAT HIS OR HER
PLEA AND CONVICTION MAY HAVE OR HAS HAD ONE  OF  THE  ENUMERATED  CONSE-
QUENCES, EVEN IF THE DEFENDANT HAS ALREADY BEEN DEPORTED FROM THE UNITED
STATES,  THE COURT, ON THE DEFENDANT'S MOTION, SHALL VACATE THE JUDGMENT
AND PERMIT THE DEFENDANT TO WITHDRAW THE PLEA OF GUILTY OR ADMISSION  OR
SUFFICIENT  FACTS,  AND  ENTER A PLEA OF NOT GUILTY.  ABSENT AN OFFICIAL
RECORD IN THE COURT FILE THAT  THE  COURT  PROVIDED  THE  ADVISEMENT  AS

S. 3154--B                          3

PRESCRIBED  IN THIS SECTION, THE DEFENDANT SHALL BE PRESUMED NOT TO HAVE
RECEIVED ADVISEMENT. AN ADVISEMENT PREVIOUSLY OR  SUBSEQUENTLY  PROVIDED
TO  THE  DEFENDANT  DURING  ANOTHER  PLEA COLLOQUY SHALL NOT SATISFY THE
ADVISEMENT REQUIRED BY THIS SECTION, NOR SHALL IT BE USED TO PRESUME THE
DEFENDANT  UNDERSTOOD  THE  PLEA  OF  GUILTY, OR ADMISSION TO SUFFICIENT
FACTS HE OR SHE SEEKS TO VACATE AND WOULD HAVE THE CONSEQUENCE OF DEPOR-
TATION, REMOVAL, EXCLUSION FROM ADMISSION TO THE UNITED STATES OR DENIAL
OF NATURALIZATION.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  AS
PREVENTING  THE  COURT,  IN  THE  SOUND  EXERCISE OF ITS DISCRETION FROM
SETTING ASIDE THE JUDGMENT OF CONVICTION AND PERMITTING THE DEFENDANT TO
WITHDRAW HIS OR HER PLEA. THE DEFENDANT SHALL NOT  BE  REQUIRED  AT  ANY
TIME  DURING  THE  PROCEEDINGS OR AT THE TIME OF THE PLEA TO DISCLOSE TO
THE COURT HIS OR HER LEGAL STATUS IN THE UNITED STATES.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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The New York State Senate

senate Bill S3154B

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

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Bill Amendments

Co-Sponsors

S3154 - Details

S3154 - Summary

S3154 - Sponsor Memo

S3154 - Bill Text download pdf

Co-Sponsors

S3154A - Details

S3154A - Summary

S3154A - Sponsor Memo

S3154A - Bill Text download pdf

Co-Sponsors

S3154B (ACTIVE) - Details

S3154B (ACTIVE) - Summary

S3154B (ACTIVE) - Sponsor Memo

S3154B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3154B

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

Ruth Hassell-Thompson

S3154 - Details

S3154 - Summary

S3154 - Sponsor Memo

S3154 - Bill Text download pdf

Co-Sponsors

Pedro Espada, Jr.

Ruth Hassell-Thompson

S3154A - Details

S3154A - Summary

S3154A - Sponsor Memo

S3154A - Bill Text download pdf

Co-Sponsors

Pedro Espada, Jr.

Ruth Hassell-Thompson

S3154B (ACTIVE) - Details

S3154B (ACTIVE) - Summary

S3154B (ACTIVE) - Sponsor Memo

S3154B (ACTIVE) - Bill Text download pdf

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