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NY A04827
Bill
Status
2/8/2011
Primary Sponsor
Peter Rivera
Click for details
AI Summary
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Requires defense attorneys to orally advise non-citizen defendants before accepting a guilty plea that conviction may result in deportation, exclusion from the United States, or denial of naturalization.
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Applies the advisement requirement at three stages: prior to acceptance of guilty pleas on misdemeanor complaints, upon arraignment on felony complaints, and upon arraignment on indictments.
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Permits defendants to withdraw a guilty plea at any time before sentencing if their attorney failed to provide the required advisement and the conviction may result in deportation, exclusion, or denial of naturalization.
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Allows defendants to challenge prior convictions through motion if the guilty plea was entered without the required attorney advisement and deportation consequences may result.
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Directs the Office of Court Administration to develop a bill of rights and code of ethics for attorneys regarding advisement of aliens on deportation consequences within 180 days of enactment; effective November 1 following passage.
Legislative Description
Requires a defense attorney to advise a defendant that if he is an alien and he is convicted of a crime, whether by plea or trial, such conviction may result in his 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.
Last Action
enacting clause stricken
9/4/2012