Enacts the uniform collateral consequences of conviction act

2 Co-sponsors

• Jesse Hamilton
• Kevin S. Parker

Title of bill

An act to amend the criminal procedure law, in relation to collateral consequences of convictions

Purpose or general idea of bill

To enable defendants to make more informed decisions prior to the entry of a plea. Also enables an offender to gain employment or other benefit subject to Court and DCJS review.

Summary of specific provisions

Section 1. Short Title. This act shall be known and may be cited as the "uniform collateral consequences of conviction act".

Section 2. Amends the criminal procedure law by adding a new article 435. Provides that a defendant must be advised of the most common collateral consequences. Requires DCJS to compile a comprehensive list of possible collateral consequences of a guilty plea. Requires the defendant to be advised that there could be collateral consequences and the defendant must be given the web site of the DCJS list. Mandates that collateral consequences must be placed in statute and that a motion from a particular collateral consequence or sanction can be made to the court of conviction, or a petition made to DCJS.

Section 3. Effective Date

Justification

A criminal conviction, of any type, can have consequences far beyond the sentence imposed by a Court Even if the court imposes nothing more than a fine, a conviction can result in the loss of employment, housing, a school loan and/or grant assistance and the inability to become a citizen or retain permanent residence status. Most criminal cases are disposed of by a plea, and in order to make an informed decision as to the impact of a plea, a defendant should be advised as to the collateral consequences that can occur as a result of entering a plea to even a minor offense. A Court must advise a defendant of the rights that are being waived by a plea. This legislation would add that a defendant must be advised of the most common collateral consequences as well.

Existing law

None

Prior legislative history

2014: S.7551 - Died in Codes /A.3799 - Died in Codes 2013: A.3799 - Died in Codes 2012-2011: A.8546 - Died in Codes

Fiscal implications

None.

Effective date

120 days after it shall become law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.