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History
- Referred to codes
- Referred to codes
Companion bill
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Enacts the "plea agreement immigration consequences disclosure act"
In Assembly Committee · Codes · Sponsor Nily Rozic
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5447
Title of bill
An act to amend the criminal procedure law, in relation to enacting the "plea agreement immigration consequences disclosure act"
Purpose or general idea of bill
Requires that an alien who is a defendant in the criminal justice system be warned that the acceptance of a guilty plea may be grounds for deportation, exclusion from admission to the United States, or denial of naturalization.
Summary of specific provisions
Section 1 - titles the bill the "plea agreement immigration consequences disclosure act."
Section 2 lays out the legislative intent.
Section 3 - Amends Section 170.10 of the criminal procedure law to provide that before a guilty plea is accepted by an alien, the court shall inform the defendant that acceptance of a guilty plea or conviction may result in such defendant's deportation, exclusion from admission to the United States, or denial of naturalization. Provides that upon request, the court shall allow the defendant additional time to consider the appropriateness of the plea in light of the advisement.
Section 4 - Amends Section 180.10 of the criminal procedure law to provide that before a guilty plea is accepted by an alien, the court shall inform the defendant that acceptance of a guilty plea or conviction may result in such defendant's deportation, exclusion from admission to the United States, or denial of naturalization. Provides that upon request, the court shall allow the defendant additional time to consider the appropriateness of the plea in light of the advisement.
Section 4 - Amends Section 210.15 of the criminal procedure law to provide that if the Court fails to so advise the defendant, such defendant will have the right to withdraw the guilty plea. Absent an official record in the court file that the court provided the advisement as prescribed, the defendant shall be presumed not to have received the advisement. Allows the court to set aside the judgment and permit the defendant to withdraw the plea. Provides that the defendant shall not be required at anytime during the proceedings or at the time of the plea to disclose his or her legal status.
Section 6 - Provides for the effective date.
Justification
Many individuals who are not citizens and are accused of a crime under State law are not aware of the fact that acceptance of a guilty plea could constitute grounds for deportation, exclusion from admission to the United States, or denial of naturalization. Allowing any such guilty pleas taken in ignorance of major consequences constitutes a denial of elementary concepts of fairness and may also constitute a denial of due process.
Prior legislative history
None.
Fiscal implications
To be determined.
Effective date
180th day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.