senate Bill S3004

2021-2022 Legislative Session

Requires a court to advise aliens of deportation consequences of guilty plea; allows guilty plea withdrawal

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

Your Voice

do you support this bill?

Please enter your contact information

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.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Jan 27, 2021 referred to codes

Co-Sponsors

S3004 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§170.10, 180.10 & 210.15, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3154
2011-2012: S350
2013-2014: S860
2015-2016: S596
2017-2018: S4958, S8692
2019-2020: S1748

S3004 (ACTIVE) - Summary

Requires a court to advise a defendant that if he or she is an alien and he or she is convicted of a crime, whether by plea or trial, such conviction may result in his or her deportation; allows a withdrawal of a plea of guilty by an alien if such alien is threatened with deportation and such alien is not so advised of such threat of deportation.

S3004 (ACTIVE) - Sponsor Memo

S3004 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3004
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced by Sens. SEPULVEDA, BIAGGI, PERSAUD -- 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 an
   advisement by the court regarding  the  possible  consequences  to  an
   alien of the acceptance of a plea of guilty to a crime under state law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Legislative finding and  declaration.    The  legislature
 finds and declares that in many instances involving an individual who is
 not a citizen of the United States charged with an offense punishable as
 a crime under state law, a plea of guilty is entered without the defend-
 ant  knowing  that  a conviction of such offense is grounds for deporta-
 tion, exclusion from admission to the United States, or denial of natur-
 alization pursuant to the laws of the United States.   Therefore, it  is
 the  intent  of the legislature by enacting this act to promote fairness
 to such accused individuals by requiring in such cases  that  acceptance
 of  a  guilty  plea be preceded by an appropriate warning of the special
 consequences for such a defendant which may result from the plea.  It is
 also the intent of the legislature that the court in  such  cases  shall
 grant  the  defendant  a reasonable amount of time to negotiate with the
 prosecutor in the event the defendant or  the  defendant's  counsel  was
 unaware  of  the possibility of deportation, exclusion from admission to
 the  United  States,  or  denial  of  naturalization  as  a  result   of
 conviction. It is further the intent of the legislature that at the time
 of  the plea no defendant shall be required to disclose his or her legal
 status to the court.
   § 2.  Subdivision 4 of section 170.10 of the criminal procedure law is
 amended by adding two new paragraphs (f) and (g) to read as follows:
   (F)  WHERE THE ACCUSATORY INSTRUMENT IS AN INFORMATION, A PROSECUTOR'S
 INFORMATION OR A MISDEMEANOR COMPLAINT, BEFORE ACCEPTING A PLEA OF GUIL-
 TY TO ANY OFFENSE PUNISHABLE AS A CRIME UNDER STATE LAW, THE COURT SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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.