senate Bill S216

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S216 - Bill Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง340.20, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S632
2009-2010: S4399A

S216 - Bill Texts

view 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.

view 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
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
S.4399-A/A.4963-A of 2010
2012: Committee Discharged and Committed to Rules

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

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

view full 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.
                                                           LBD00211-01-3

S. 216                              2

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.