assembly Bill A3057

2023-2024 Legislative Session

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

download bill text pdf

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Current Bill Status - On Floor Calendar

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

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view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 02, 2023 advanced to third reading cal.34
Feb 28, 2023 reported
Feb 02, 2023 referred to codes


A3057 (ACTIVE) - Details

See Senate Version of this Bill:
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
2021-2022: A1481, A9877, S2903

A3057 (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.

A3057 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2023-2024 Regular Sessions
                           I N  A S S E M B L Y
                             February 2, 2023
 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 advise the defendant of the  risk
   of deportation if he or she is not a citizen

   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.