NY State Senate Bill 2015-S1836

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 15, 2015	referred to codes

2015-S1836 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§170.10, 180.10 & 210.15, CP L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5447
2017-2018: S791

2015-S1836 (ACTIVE) - Summary

Enacts the "plea agreement immigration consequences disclosure act"; requires a court to advice a defendant that if he or she is an alien and he or she is convicted of a crime, whether by plea or trial, such conviction may result in his or her deportation; allows a withdrawal of a plea of guilty by an alien if such alien is threatened with deportation and such alien is not so advised of such threat of deportation.

2015-S1836 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1836

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.

2015-S1836 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1836

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- 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 enacting the
  "plea agreement immigration consequences disclosure act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall  be  known and may be cited as the "plea
agreement immigration consequences disclosure act".
  S 2. Legislative finding and declaration.  The legislature  finds  and
declares  that  in  many  instances involving an individual who is not a
citizen of the United States charged with an  offense  punishable  as  a
crime under state law, a plea of guilty is entered without the defendant
knowing  that  a  conviction of such offense is grounds for deportation,
exclusion from admission to the United States, or denial of  naturaliza-
tion  pursuant  to  the laws of the United States.  Therefore, it is the
intent of the legislature by enacting this act to  promote  fairness  to
such accused individuals by requiring in such cases that acceptance of a
guilty  plea be preceded by an appropriate warning of the special conse-
quences for such a defendant which may result from the plea.  It is also
the intent of the legislature that the court in such cases  shall  grant
the defendant a reasonable amount of time to negotiate with the prosecu-
tor in the event the defendant or the defendant's counsel was unaware of
the  possibility  of deportation, exclusion from admission to the United
States, or denial of naturalization as a result  of  conviction.  It  is
further  the  intent  of the legislature that at the time of the plea no
defendant shall be required to disclose his or her legal status  to  the
court.
  S 3.  Subdivision 4 of section 170.10 of the criminal procedure law is
amended by adding two new paragraphs (f) and (g) to read as follows:
  (F)  WHERE THE ACCUSATORY INSTRUMENT IS AN INFORMATION, A PROSECUTOR'S
INFORMATION OR A MISDEMEANOR COMPLAINT, BEFORE ACCEPTING A PLEA OF GUIL-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00380-01-5

S. 1836                             2

TY TO ANY OFFENSE PUNISHABLE AS A CRIME UNDER STATE LAW, THE COURT SHALL
ADDRESS  THE  DEFENDANT  PERSONALLY  IN OPEN COURT, ON THE RECORD, UNDER
OATH, INFORMING HIM OR HER OF AND DETERMINING THAT HE OR SHE UNDERSTANDS
THE  FOLLOWING:  "IF YOU ARE NOT A CITIZEN OF THE UNITED STATES, YOU ARE
HEREBY ADVISED THAT ACCEPTANCE BY THE COURT  OF  A  PLEA  OF  GUILTY  OR
CONVICTION  OF  THE  CRIME FOR WHICH YOU HAVE BEEN CHARGED MAY RESULT IN
YOUR DEPORTATION, EXCLUSION FROM ADMISSION  TO  THE  UNITED  STATES,  OR
DENIAL  OF  NATURALIZATION  PURSUANT  TO THE LAWS OF THE UNITED STATES."
ABSENT A RECORD THAT THE COURT PROVIDED THE ADVISEMENT REQUIRED BY  THIS
PARAGRAPH,  THE  DEFENDANT  SHALL  BE  PRESUMED NOT TO HAVE RECEIVED THE
REQUIRED ADVISEMENT.
  (G) UPON REQUEST, THE COURT SHALL ALLOW THE DEFENDANT ADDITIONAL  TIME
TO  CONSIDER  THE APPROPRIATENESS OF THE PLEA IN LIGHT OF THE ADVISEMENT
AS DESCRIBED IN PARAGRAPH (F) OF THIS SUBDIVISION.
  S 4. Section 180.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  BEFORE ACCEPTING A PLEA OF GUILTY TO ANY OFFENSE PUNISHABLE  AS  A
CRIME  UNDER STATE LAW, THE COURT SHALL ADDRESS THE DEFENDANT PERSONALLY
IN OPEN COURT, ON THE RECORD, UNDER OATH, INFORMING HIM OR  HER  OF  AND
DETERMINING THAT HE OR SHE UNDERSTANDS THE FOLLOWING:  "IF YOU ARE NOT A
CITIZEN  OF THE UNITED STATES, YOU ARE HEREBY ADVISED THAT ACCEPTANCE BY
THE COURT OF A PLEA OF GUILTY OR CONVICTION OF THE CRIME FOR  WHICH  YOU
HAVE  BEEN CHARGED MAY RESULT IN YOUR DEPORTATION, EXCLUSION FROM ADMIS-
SION TO THE UNITED STATES, OR DENIAL OF NATURALIZATION PURSUANT  TO  THE
LAWS OF THE UNITED STATES."  ABSENT A RECORD THAT THE COURT PROVIDED THE
ADVISEMENT REQUIRED BY THIS SUBDIVISION, THE DEFENDANT SHALL BE PRESUMED
NOT TO HAVE RECEIVED THE REQUIRED ADVISEMENT.
  UPON  REQUEST,  THE COURT SHALL ALLOW THE DEFENDANT ADDITIONAL TIME TO
CONSIDER THE APPROPRIATENESS OF THE PLEA IN LIGHT OF THE  ADVISEMENT  AS
DESCRIBED IN PARAGRAPH (F) OF SUBDIVISION FOUR OF SECTION 170.10 OF THIS
TITLE.
  S 5. Section 210.15 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
  4.  UPON  ARRAIGNMENT  ON  AN INDICTMENT, AND PRIOR TO ACCEPTANCE OF A
PLEA OF GUILTY TO ANY CRIME UNDER STATE LAW,  THE  DEFENDANT  SHALL,  IN
ADDITION  TO  ANY OTHER WARNING REQUIRED BY LAW, BE ENTITLED TO SUBSTAN-
TIALLY THE FOLLOWING ADVISEMENT TO BE ORALLY ADMINISTERED BY  THE  COURT
AND  PLACED  UPON  THE RECORD:   "IF YOU ARE NOT A CITIZEN OF THE UNITED
STATES, YOU ARE HEREBY ADVISED THAT ACCEPTANCE BY THE COURT OF A PLEA OF
GUILTY OR CONVICTION OF THE CRIME FOR WHICH YOU HAVE  BEEN  CHARGED  MAY
RESULT  IN  YOUR  DEPORTATION,  EXCLUSION  FROM  ADMISSION TO THE UNITED
STATES, OR DENIAL OF NATURALIZATION PURSUANT TO THE LAWS OF  THE  UNITED
STATES."    ABSENT  A  RECORD  THAT  THE  COURT  PROVIDED THE ADVISEMENT
REQUIRED BY THIS SUBDIVISION, THE DEFENDANT SHALL  BE  PRESUMED  NOT  TO
HAVE  RECEIVED  THE REQUIRED ADVISEMENT. IF THE COURT FAILS TO SO ADVISE
THE DEFENDANT, AND HE OR SHE LATER AT ANY TIME SHOWS  THAT  HIS  OR  HER
PLEA  AND  CONVICTION  MAY  HAVE OR HAS HAD ONE OF THE ENUMERATED CONSE-
QUENCES, EVEN IF THE DEFENDANT HAS ALREADY BEEN DEPORTED FROM THE UNITED
STATES, THE COURT, ON THE DEFENDANT'S MOTION, SHALL VACATE THE  JUDGMENT
AND  PERMIT THE DEFENDANT TO WITHDRAW THE PLEA OF GUILTY OR ADMISSION OR
SUFFICIENT FACTS, AND ENTER A PLEA OF NOT GUILTY.   ABSENT  AN  OFFICIAL
RECORD  IN  THE  COURT  FILE  THAT  THE COURT PROVIDED THE ADVISEMENT AS
PRESCRIBED IN THIS SECTION, THE DEFENDANT SHALL BE PRESUMED NOT TO  HAVE
RECEIVED  ADVISEMENT.  AN ADVISEMENT PREVIOUSLY OR SUBSEQUENTLY PROVIDED
TO THE DEFENDANT DURING ANOTHER PLEA  COLLOQUY  SHALL  NOT  SATISFY  THE
ADVISEMENT REQUIRED BY THIS SECTION, NOR SHALL IT BE USED TO PRESUME THE

S. 1836                             3

DEFENDANT  UNDERSTOOD  THE  PLEA  OF  GUILTY, OR ADMISSION TO SUFFICIENT
FACTS HE OR SHE SEEKS TO VACATE AND WOULD HAVE THE CONSEQUENCE OF DEPOR-
TATION, REMOVAL, EXCLUSION FROM ADMISSION TO THE UNITED STATES OR DENIAL
OF  NATURALIZATION.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED AS
PREVENTING THE COURT, IN THE  SOUND  EXERCISE  OF  ITS  DISCRETION  FROM
SETTING ASIDE THE JUDGMENT OF CONVICTION AND PERMITTING THE DEFENDANT TO
WITHDRAW  HIS  OR  HER  PLEA. THE DEFENDANT SHALL NOT BE REQUIRED AT ANY
TIME DURING THE PROCEEDINGS OR AT THE TIME OF THE PLEA  TO  DISCLOSE  TO
THE COURT HIS OR HER LEGAL STATUS IN THE UNITED STATES.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S1836

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S1836 (ACTIVE) - Details

2015-S1836 (ACTIVE) - Summary

2015-S1836 (ACTIVE) - Sponsor Memo

2015-S1836 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1836

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Sponsored By

Adriano Espaillat

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S1836 (ACTIVE) - Details

2015-S1836 (ACTIVE) - Summary

2015-S1836 (ACTIVE) - Sponsor Memo

2015-S1836 (ACTIVE) - Bill Text download pdf

Comments