senate Bill S4399A

2009-2010 Legislative Session

Requires notice of risk of deportation of non-citizens, prior to accepting plea to a misdemeanor or violation

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Sponsored By

Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2010 advanced to third reading
Feb 24, 2010 2nd report cal.
Feb 23, 2010 1st report cal.153
Feb 19, 2010 print number 4399a
Feb 19, 2010 amend and recommit to codes
Jan 06, 2010 referred to codes
Apr 22, 2009 referred to codes

Votes

view votes

Feb 23, 2010 - Codes committee Vote

S4399A
9
5
committee
9
Aye
5
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Feb 23, 2010

aye wr (2)

S4399 - Details

See Assembly Version of this Bill:
A4963
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §340.20, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S632, A4417
2013-2014: S216, A2345
2015-2016: S1353, A754
2017-2018: S2026, S7103, A643
2019-2020: S2341, A2321
2021-2022: S2903, A1481, A9877
2023-2024: A3057

S4399 - 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.

S4399 - Sponsor Memo

S4399 - Bill Text download pdf

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

                                  4399

                       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

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

Co-Sponsors

S4399A (ACTIVE) - Details

See Assembly Version of this Bill:
A4963
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §340.20, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S632, A4417
2013-2014: S216, A2345
2015-2016: S1353, A754
2017-2018: S2026, S7103, A643
2019-2020: S2341, A2321
2021-2022: S2903, A1481, A9877
2023-2024: A3057

S4399A (ACTIVE) - 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.

S4399A (ACTIVE) - Sponsor Memo

S4399A (ACTIVE) - Bill Text download pdf

                    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:

  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
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

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