|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S216
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S216 - Details
S216 - 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.
S216 - Sponsor Memo
BILL NUMBER:S216 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
S216 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 216 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. SQUADRON -- 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 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 A DEFENDANT ANY RIGHTS IN SUBSEQUENT PROCEEDING RELATING TO SUCH DEFEND- ANT'S DEPORTATION, EXCLUSION OR DENIAL OR NATURALIZATION. THE COURT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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