Senate Bill S4958

2017-2018 Legislative Session

Requires court to advise aliens of deportation consequences of guilty plea; allows guilty plea withdrawal

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S4958 (ACTIVE) - Details

See Assembly Version of this Bill:
A1912
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§170.10, 180.10 & 210.15, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3154
2011-2012: S350
2013-2014: S860, A5279
2015-2016: S596, A4608
2019-2020: S1748
2021-2022: S3004

2017-S4958 (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.

2017-S4958 (ACTIVE) - Sponsor Memo

2017-S4958 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4958
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 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.
   § 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-
 TY TO ANY OFFENSE PUNISHABLE AS A CRIME UNDER STATE LAW, THE COURT SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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