Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 22, 2023 |
tabled vetoed memo.117 |
Dec 12, 2023 |
delivered to governor |
Jun 08, 2023 |
returned to assembly passed senate |
May 30, 2023 |
3rd reading cal.744 substituted for s5826 |
May 30, 2023 |
substituted by a3057 |
May 09, 2023 |
advanced to third reading |
May 08, 2023 |
2nd report cal. |
May 03, 2023 |
1st report cal.744 |
Mar 17, 2023 |
referred to codes |
Senate Bill S5826
Vetoed By Governor2023-2024 Legislative Session
Sponsored By
(D) 27th Senate District
Current Bill Status Via A3057 - 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
co-Sponsors
(D, WF) 55th Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) 20th Senate District
2023-S5826 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3057
- 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
2021-2022: S2903, A1481, A9877
2023-S5826 (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.
2023-S5826 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5826 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 OF BILL: 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 courts not of record, the bill requires a writing affirming that the
2023-S5826 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5826 2023-2024 Regular Sessions I N S E N A T E March 17, 2023 ___________ Introduced by Sens. KAVANAGH, BROUK, HOYLMAN-SIGAL, JACKSON, MYRIE, SEPULVEDA -- 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07452-01-3
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