senate Bill S2903A

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

S2903 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §220.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4399
2011-2012: S632
2013-2014: S216
2015-2016: S1353
2017-2018: S2026, S7103
2019-2020: S2341

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.

S2903 - Sponsor Memo

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

S2903A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §220.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4399
2011-2012: S632
2013-2014: S216
2015-2016: S1353
2017-2018: S2026, S7103
2019-2020: S2341

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.

S2903A (ACTIVE) - Sponsor Memo

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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