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

1 Co-sponsor

• John L. Sampson

BILL NUMBER:S860

Title of bill

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

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 provisions

Section 1. Legislative Findings and Declaration

Section 2. Amends the Criminal Procedure Law, Section 170.10 subdivision 4 by adding two new paragraphs (f) and (g). Provides 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 3. Amends the Criminal Procedure Law, Section 180.10 by adding a new subdivision 7. Provides 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 the Criminal Procedure Law, Section 210.15 by adding a new subdivision 4. Provides 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 5. Effective Date

Existing law

None.

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

2012: S.350: Referred to Judiciary 2011: S.350 - Notice of Committee Consideration Requested, Committee Discharged, Committed to Judiciary 2009-10: S.3154B - Amend and Recommit to Codes/A.5883B - Amend and Recommit to Rules 2007-08: S.776 - Referred to Codes/A.5191 - Held for Consideration in Codes 2005-06: S.829 - Referred to Codes/A.4100 - Referred to Codes 2003-04: S.2836 - Motion to Petition Lost/A.5267 - Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.