Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
assembly Bill A9877A
Vetoed By GovernorSponsored By
CRUZ
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
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Bill Amendments
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
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.