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 |
Apr 05, 2022 |
referred to codes delivered to assembly passed senate |
Mar 09, 2022 |
advanced to third reading |
Mar 08, 2022 |
2nd report cal. |
Mar 07, 2022 |
1st report cal.653 |
Jan 05, 2022 |
referred to codes returned to senate died in assembly |
May 04, 2021 |
referred to codes delivered to assembly passed senate |
Apr 27, 2021 |
amended on third reading (t) 2903a |
Mar 24, 2021 |
advanced to third reading |
Mar 23, 2021 |
2nd report cal. |
Mar 22, 2021 |
1st report cal.607 |
Jan 26, 2021 |
referred to codes |
Senate Bill S2903A
Vetoed By Governor2021-2022 Legislative Session
Sponsored By
(D) 27th Senate District
Archive: Last Bill Status - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2021-S2903 - Details
- See Assembly Version of this Bill:
- A9877
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §220.50, CP L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S4399, A4963
2011-2012: S632, A4417
2013-2014: S216, A2345
2015-2016: S1353, A754
2017-2018: S2026, S7103, A643
2019-2020: S2341, A2321
2023-2024: S5826, A3057
2021-S2903 - 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.
2021-S2903 - Sponsor Memo
BILL NUMBER: S2903 SPONSOR: KAVANAGH TITLE OF BILL: 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 PURPOSE: This bill requires notification of alien defendants during the plea process that pleading guilty to a misdemeanor or violation may subject them to automatic removal (deportation) or denial of naturalization. SUMMARY OF PROVISIONS: This bill adds a new subdivision 5 to section 340.20 of the criminal procedure law, requiring alien defendants to be notified that pleading guilty to misdemeanors or violations may have immigration consequences Such notification shall be on the record. For those courts not of
2021-S2903 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2903 2021-2022 Regular Sessions I N S E N A T E January 26, 2021 ___________ Introduced by Sen. KAVANAGH -- 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 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
co-Sponsors
(D, WF) 55th Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) 20th Senate District
2021-S2903A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9877
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §220.50, CP L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S4399, A4963
2011-2012: S632, A4417
2013-2014: S216, A2345
2015-2016: S1353, A754
2017-2018: S2026, S7103, A643
2019-2020: S2341, A2321
2023-2024: S5826, A3057
2021-S2903A (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.
2021-S2903A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2903A SPONSOR: KAVANAGH TITLE OF BILL: 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 PURPOSE: This bill requires notification of alien defendants during the plea process that pleading guilty to a misdemeanor or violation may subject them to automatic removal (deportation) or denial of naturalization. SUMMARY OF PROVISIONS: Section one of this bill amends subdivision 7 of section 220.50 of the criminal procedure law, requiring alien defendants to be notified that pleading guilty to misdemeanors or violations may have immigration consequences. Such notification shall be on the record. For those
2021-S2903A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2903--A Cal. No. 607 2021-2022 Regular Sessions I N S E N A T E January 26, 2021 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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