NY State Senate Bill S4399A

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

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

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

 BILL NUMBER:  S4399

 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 5 to section 340.20 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 allow 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.

 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 Codes Committee

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect on the 90th day after enactment.

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

S4399A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S4399A

 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 5 to section 340.20 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 allow 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.

 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 Codes Committee

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect on the 90th day after enactment.

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

S. 4399--A                          2

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

senate Bill S4399A

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Feb 23, 2010 - Codes committee Vote

Codes Committee Vote: Feb 23, 2010

Bill Amendments

S4399 - Details

S4399 - Summary

S4399 - Sponsor Memo

S4399 - Bill Text download pdf

Co-Sponsors

S4399A (ACTIVE) - Details

S4399A (ACTIVE) - Summary

S4399A (ACTIVE) - Sponsor Memo

S4399A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4399A

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Sponsored By

Eric T. Schneiderman

Archive: Last Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Feb 23, 2010 - Codes committee Vote

Codes Committee Vote: Feb 23, 2010

Bill Amendments

S4399 - Details

S4399 - Summary

S4399 - Sponsor Memo

S4399 - Bill Text download pdf

Co-Sponsors

Eric Adams

S4399A (ACTIVE) - Details

S4399A (ACTIVE) - Summary

S4399A (ACTIVE) - Sponsor Memo

S4399A (ACTIVE) - Bill Text download pdf

Comments