The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1481
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M. of A. RODRIGUEZ, BARRON, COLTON, DAVILA, DILAN, HYND-
   MAN, GOTTFRIED, WALKER, DE LA ROSA -- read once and  referred  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 COURT SHALL, CONTEMPORANEOUS WITH THE
 PLEA, AFFIRM ON THE RECORD OR IN A WRITING THAT THE DEFENDANT  HAS  BEEN
 GIVEN THE NOTICE REQUIRED BY THIS SUBDIVISION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03016-01-1