Assembly Actions -
Senate Actions - UPPERCASE
|Jan 04, 2012
referred to judiciary
|Mar 23, 2011
committee discharged and committed to judiciary
|Feb 22, 2011
notice of committee consideration - requested
|Jan 05, 2011
referred to codes
Senate Bill S350
2011-2012 Legislative Session
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2011-S350 (ACTIVE) - Details
2011-S350 (ACTIVE) - 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.
2011-S350 (ACTIVE) - Sponsor Memo
BILL NUMBER:S350 TITLE OF BILL: REVISED 12/30/11 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 Findings and Declaration Section 2. Amends Section 170.10 subdivision 4 of the Criminal Procedure Law by adding two new paragraphs (f) and (g). Provides 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
2011-S350 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 350 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ 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 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- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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