Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jun 09, 2014 | ordered to third reading rules cal.55 rules report cal.55 reported |
Jun 03, 2014 | reported referred to rules |
Jan 08, 2014 | referred to codes |
Apr 25, 2013 | advanced to third reading cal.203 |
Apr 23, 2013 | reported |
Jan 14, 2013 | referred to codes |
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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Co-Sponsors
Jose Rivera
William Scarborough
Kevin Cahill
Michaelle C. Solages
Multi-Sponsors
James F. Brennan
William Colton
Vivian Cook
Deborah Glick
A2345 (ACTIVE) - Details
A2345 (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.
A2345 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2345 2013-2014 Regular Sessions I N A S S E M B L Y January 14, 2013 ___________ Introduced by M. of A. RODRIGUEZ -- read once and referred 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. LBD00211-02-3