Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 03, 2018 |
referred to codes |
Jan 04, 2017 |
referred to codes |
Senate Bill S791
2017-2018 Legislative Session
Sponsored By
(D) Senate District
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
Actions
co-Sponsors
(D) Senate District
2017-S791 (ACTIVE) - Details
- 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:
-
2013-2014:
S5447
2015-2016: S1836, S134
2017-S791 (ACTIVE) - Summary
Enacts the "plea agreement immigration consequences disclosure act"; requires a court to advice 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-S791 (ACTIVE) - Sponsor Memo
BILL NUMBER: S791 TITLE OF BILL : An act to amend the criminal procedure law, in relation to enacting the "plea agreement immigration consequences disclosure act" 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 SPECIFIC PROVISIONS : Section 1 - titles the bill the "plea agreement immigration consequences disclosure act." Section 2 lays out the legislative intent. Section 3 - Amends Section 170.10 of the criminal procedure law to provide 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
2017-S791 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 791 2017-2018 Regular Sessions I N S E N A T E January 4, 2017 ___________ Introduced by Sen. ALCANTARA -- 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 enacting the "plea agreement immigration consequences disclosure act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "plea agreement immigration consequences disclosure act". § 2. 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 defendant knowing that a conviction of such offense is grounds for deportation, exclusion from admission to the United States, or denial of naturaliza- tion 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 conse- quences 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 prosecu- tor 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. § 3. 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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