senate Bill S8692

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 10, 2018 referred to codes

S8692 (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:
2009-2010: S3154
2011-2012: S350
2013-2014: S860
2015-2016: S596
2019-2020: S1748

S8692 (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.

S8692 (ACTIVE) - Sponsor Memo

S8692 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8692

                            I N  S E N A T E

                              May 10, 2018
                               ___________

Introduced by Sen. SEPULVEDA -- 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
ADDRESS THE DEFENDANT PERSONALLY IN OPEN COURT,  ON  THE  RECORD,  UNDER
OATH, INFORMING HIM OR HER OF AND DETERMINING THAT HE OR SHE UNDERSTANDS
THE  FOLLOWING:  "IF YOU ARE NOT A CITIZEN OF THE UNITED STATES, YOU ARE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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