assembly Bill A9877A

2021-2022 Legislative Session

Requires notice of risk of deportation of non-citizens, prior to accepting a plea

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Current Bill Status Via S2903 - Passed Senate & Assembly


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Mar 7, 2022 - Codes committee Vote

S2903A
10
0
committee
10
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 7, 2022

aye wr (3)

Mar 22, 2021 - Codes committee Vote

S2903
11
0
committee
11
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 22, 2021

aye wr (2)

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

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

A9877A (ACTIVE) - 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.

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.