NY State Assembly Bill A9877A

Archive: Last Bill Status Via S2903 - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 09, 2022	vetoed memo.94
Dec 02, 2022	delivered to governor
Jun 01, 2022	returned to senate passed assembly
May 24, 2022	ordered to third reading rules cal.366 substituted for a9877a
May 24, 2022	substituted by s2903a
May 23, 2022	ordered to third reading rules cal.366 rules report cal.366 reported
May 17, 2022	reported referred to rules
Apr 25, 2022	print number 9877a
Apr 25, 2022	amend (t) and recommit to codes
Apr 19, 2022	referred to codes

Votes

view votes

Apr 5, 2022 - floor Vote

S2903A

floor

Aye

Nay

Absent

Excused

Abstained

Mar 7, 2022 - Codes committee Vote

S2903A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 4, 2021 - floor Vote

S2903A

floor

Aye

Nay

Absent

Excused

Abstained

Mar 22, 2021 - Codes committee Vote

S2903

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

A9877 - Details

See Senate Version of this Bill:: S2903
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §220.50, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4963, S4399
2011-2012: A4417, S632
2013-2014: A2345, S216
2015-2016: A754, S1353
2017-2018: A643, S2026, S7103
2019-2020: A2321, S2341
2023-2024: A3057, S5826

A9877 - Summary

Requires courts, prior to accepting a plea, 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.

A9877 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9877
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced  by  M. of A. CRUZ -- 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

A9877A (ACTIVE) - Details

See Senate Version of this Bill:: S2903
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §220.50, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4963, S4399
2011-2012: A4417, S632
2013-2014: A2345, S216
2015-2016: A754, S1353
2017-2018: A643, S2026, S7103
2019-2020: A2321, S2341
2023-2024: A3057, S5826

A9877A (ACTIVE) - Summary

A9877A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9877--A
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes -- committee discharged, bill amended, ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law, in relation to requiring the
   court,  prior to accepting a plea, 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.  Subdivision 7 of section 220.50 of the criminal procedure
 law, as amended by chapter 738 of the laws of 2004, is amended  to  read
 as follows:
   7.  (A) Prior to [accepting a defendant's plea of guilty to a count or
 counts of an indictment or a superior court information charging a felo-
 ny offense, the court must advise the defendant on the record,  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,  exclusion from admission to the United States
 or denial of naturalization pursuant to the laws of the  United  States.
 Where the plea of guilty is to a count or counts of an indictment charg-
 ing  a  felony offense other than a violent felony offense as defined in
 section 70.02 of the penal law or an A-I felony offense  other  than  an
 A-I  felony  as  defined in article two hundred twenty of the penal law,
 the court must also, 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 deportation issued by the United
 States Immigration and Naturalization  Service,  the  defendant  may  be
 paroled to the custody of the Immigration and Naturalization Service for
 deportation  purposes  at any time subsequent to the commencement of any
 indeterminate or determinate prison sentence imposed as a result of  the
 defendant's  plea.  The failure to advise the defendant pursuant to this
 subdivision shall not be deemed to affect the voluntariness of a plea of
 guilty or the validity of a conviction, nor shall it afford a  defendant
 any  rights  in  a  subsequent  proceeding  relating to such defendant's
 deportation, exclusion or denial  of  naturalization.]  THE  DEFENDANT'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03016-04-2
 A. 9877--A                          2
 
 ENTRY  OF  A PLEA OF GUILTY TO ANY ACCUSATORY INSTRUMENT IN ANY CRIMINAL
 ACTION, THE COURT SHALL ORALLY GIVE EVERY DEFENDANT ON  THE  RECORD  THE
 FOLLOWING  NOTIFICATION: "IF YOU ARE NOT A CITIZEN OF THE UNITED STATES,
 YOU MAY BECOME DEPORTABLE, INELIGIBLE FOR NATURALIZATION OR INADMISSIBLE
 TO THE UNITED STATES BASED ON A CONVICTION BY PLEA OR VERDICT."
   (I)  THE  COURT  SHALL  NOTIFY  EVERY DEFENDANT IN A LANGUAGE THAT THE
 DEFENDANT UNDERSTANDS WITHOUT INQUIRING ABOUT THE  DEFENDANT'S  CITIZEN-
 SHIP OR IMMIGRATION STATUS ON THE RECORD.
   (II)  ONLY  THE COURT SHALL NOTIFY DEFENDANTS ABOUT THE POSSIBILITY OF
 DEPORTABILITY, INELIGIBILITY FOR NATURALIZATION, OR  INADMISSIBILITY  TO
 THE  UNITED STATES PURSUANT TO THIS PARAGRAPH.  THE COURT AND THE PEOPLE
 SHALL NOT MAKE ANY  OTHER  STATEMENTS  ABOUT  IMMIGRATION  CONSEQUENCES,
 INCLUDING  BUT  NOT  LIMITED  TO STATEMENTS REGARDING LIKELY IMMIGRATION
 CONSEQUENCES, CONDITION DEFENDANT'S  GUILTY  PLEA  REGARDLESS  OF  IMMI-
 GRATION CONSEQUENCES, OR REQUIRE WAIVER OF ANY ISSUE OR CLAIM RELATED TO
 IMMIGRATION CONSEQUENCES.
   (III) UPON REQUEST OF THE DEFENDANT, THE COURT SHALL ALLOW THE DEFEND-
 ANT ADDITIONAL TIME TO SECURE COUNSEL OR CONSIDER THE APPROPRIATENESS OF
 THE  PLEA FOLLOWING THE NOTIFICATION DESCRIBED IN THIS SUBDIVISION, WITH
 SUCH PLEA OFFER REMAINING OPEN.
   (IV) ADVICE REGARDING IMMIGRATION CONSEQUENCES GIVEN BY DEFENSE  COUN-
 SEL DOES NOT ABSOLVE THE COURT OF ITS INDEPENDENT OBLIGATION TO GIVE THE
 NOTICE MANDATED IN THIS SUBDIVISION.
   (V)  THE  NOTIFICATION  DOES NOT ABSOLVE DEFENSE COUNSEL OF HIS OR HER
 INDEPENDENT OBLIGATION TO EXPLAIN THE IMMIGRATION  CONSEQUENCES  TO  THE
 DEFENDANT.
   (VI)  NOTHING IN THIS SUBDIVISION SHALL PROHIBIT A COURT OR THE PEOPLE
 FROM CONSIDERING THE IMMIGRATION STATUS OF DEFENDANT IN ACCEPTING  ENTRY
 OF  A  PLEA, IMPOSING A LOWER SENTENCE ACCORDING TO LAW, CONSENTING TO A
 LESSER INCLUDED OFFENSE, OR FILING AN ADDITIONAL ACCUSATORY INSTRUMENT.
   (B) AT THE TIME OF  DEFENDANT'S  ARRAIGNMENT,  THE  COURT  SHALL  ALSO
 COMPLY  WITH  PARAGRAPH (A) OF THIS SUBDIVISION, THOUGH FAILURE TO DO SO
 DOES NOT REQUIRE VACATUR PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
   (C) WHEN A CONVICTION OR PLEA  HAS  POTENTIAL  OR  ACTUAL  IMMIGRATION
 CONSEQUENCES  FOR  A  DEFENDANT,  THE COURT'S FAILURE TO STRICTLY COMPLY
 WITH PARAGRAPH (A) OF THIS SUBDIVISION, ON OR AFTER THE  EFFECTIVE  DATE
 OF  THIS  SUBDIVISION, SHALL RENDER THE PLEA UNKNOWING, INVOLUNTARY, AND
 UNINTELLIGENT, REQUIRING VACATUR.  THE COURT'S FAILURE TO HAVE  SUBSTAN-
 TIALLY  COMPLIED WITH PARAGRAPH (A) OF THIS SUBDIVISION IN ANY NON-FINAL
 CRIMINAL PROSECUTION FROM NOVEMBER NINETEENTH, TWO THOUSAND THIRTEEN  TO
 THE  EFFECTIVE DATE OF THIS SUBDIVISION SHALL RENDER THE PLEA UNKNOWING,
 INVOLUNTARY, AND UNINTELLIGENT, REQUIRING  VACATUR.  AN  APPLICATION  TO
 VACATE  THE  JUDGMENT OR WITHDRAW THE DEFENDANT'S PLEA OF GUILTY ON THIS
 BASIS CAN BE RAISED EITHER ON DIRECT APPEAL OR AT ANY TIME PURSUANT TO A
 MOTION UNDER PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION 440.10 OF  THIS
 CHAPTER.
   (I)  THE  TERM "POTENTIAL OR ACTUAL IMMIGRATION CONSEQUENCES" INCLUDES
 BUT IS NOT LIMITED TO THE USE OF THE RELEVANT PENAL LAW SECTION  IN  ANY
 REMOVAL PROCEEDING OR ADJUDICATION UNDER FEDERAL IMMIGRATION LAW.
   (II)  ALL RECORDS, PAPERS, AND AFFIRMATIONS SUBMITTED BY THE DEFENDANT
 TO ESTABLISH THAT HE OR SHE IS NOT A UNITED STATES CITIZEN AND THAT  THE
 CONVICTION  HAS  POTENTIAL OR ACTUAL IMMIGRATION CONSEQUENCES ARE CONFI-
 DENTIAL AND MAY NOT BE MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE
 AGENCY, EXCEPT  WHERE  SPECIFICALLY  REQUIRED  BY  STATUTE  OR  WHEN  SO
 REQUESTED BY THE DEFENDANT.
 A. 9877--A                          3
 
   (III)  UNLESS THE REQUIRED NOTIFICATION APPEARS ON THE RECORD OR IF NO
 RECORD EXISTS, THE DEFENDANT SHALL BE PRESUMED TO HAVE NOT RECEIVED  THE
 NOTIFICATION FROM THE COURT.
   (IV)  THIS  REMEDY FOR THE COURT'S FAILURE TO PROVIDE THE NOTIFICATION
 IS REQUIRED NOTWITHSTANDING ANY PRESERVATION REQUIREMENT OR  FAILURE  TO
 OBJECT BY THE DEFENDANT TO THE COURT'S FAILURE TO GIVE THE NOTIFICATION.
   (V) THIS REMEDY FOR THE COURT'S FAILURE TO PROVIDE THE NOTIFICATION IS
 REQUIRED NOTWITHSTANDING ANY PREJUDICE REQUIREMENT.
   (D)  NO  COURT MAY RELY ON THE EXISTENCE OF A NOTIFICATION GIVEN UNDER
 THIS SUBDIVISION IN CONSIDERING WHETHER A DEFENDANT  SUFFERED  PREJUDICE
 OR  RECEIVED  MEANINGFUL  REPRESENTATION  UNDER THE CONSTITUTION OF THIS
 STATE.   MEANINGFUL REPRESENTATION REQUIRES,  AT  MINIMUM,  FOR  DEFENSE
 COUNSEL  TO  DETERMINE,  ADVISE, AND NEGOTIATE EFFECTIVELY REGARDING THE
 IMMIGRATION CONSEQUENCES OF A DEFENDANT'S CHARGES, PLEA, OR CONVICTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that the amendments to subdivision
 7 of section 220.50 of the criminal procedure law made by section one of
 this  act  shall  not affect the repeal of such subdivision and shall be
 deemed repealed therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

The New York State Senate

assembly Bill A9877A

Sponsored By

Archive: Last Bill Status Via S2903 - Vetoed by Governor

Your Voice

Actions

Votes

Apr 5, 2022 - floor Vote

Floor Vote: Apr 5, 2022

Mar 7, 2022 - Codes committee Vote

Committee Vote: Mar 7, 2022

May 4, 2021 - floor Vote

Floor Vote: May 4, 2021

Mar 22, 2021 - Codes committee Vote

Committee Vote: Mar 22, 2021

Bill Amendments

A9877 - Details

A9877 - Summary

A9877 - Bill Text download pdf

A9877A (ACTIVE) - Details

A9877A (ACTIVE) - Summary

A9877A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A9877A

Share this bill

Sponsored By

CRUZ

Archive: Last Bill Status Via S2903 - Vetoed by Governor

Your Voice

Actions

Votes

Apr 5, 2022 - floor Vote

Floor Vote: Apr 5, 2022

Mar 7, 2022 - Codes committee Vote

Committee Vote: Mar 7, 2022

May 4, 2021 - floor Vote

Floor Vote: May 4, 2021

Mar 22, 2021 - Codes committee Vote

Committee Vote: Mar 22, 2021

Bill Amendments

A9877 - Details

A9877 - Summary

A9877 - Bill Text download pdf

A9877A (ACTIVE) - Details

A9877A (ACTIVE) - Summary

A9877A (ACTIVE) - Bill Text download pdf

Comments