New York A 651: Relates to the eligibility requirements for a license in the practice of barbering

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A00651 Summary:

BILL NOA00651 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORKim (MS)

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COSPNSRHyndman, Simon, Forrest, Walker

&nbsp

MLTSPNSRRamos

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Amd §§170.10, 180.10, 210.15, 220.50, 220.60 & 440.10, CP L

&nbsp

Requires the court to advise a defendant that if such defendant is a noncitizen resident and is convicted of a crime, whether by plea or trial, such conviction may result in such defendant's deportation; allows a withdrawal of a plea of guilty by a noncitizen resident if such noncitizen resident is threatened with deportation and such noncitizen resident is not so advised of such threat of deportation.

Go to top A00651 Actions:

BILL NOA00651 

&nbsp

01/08/2025referred to codes

01/07/2026referred to codes

Go to topA00651 Committee&nbspVotes:

Go to topA00651 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00651 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 651

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. KIM, HYNDMAN, SIMON, FORREST, WALKER -- Multi-
 Sponsored by -- M. of A. RAMOS -- read once and referred to the
 Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to requiring an
 advisement by a court regarding the possible consequences to a noncit-
 izen resident of the acceptance of a plea of guilty to a crime under
 state law

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative finding and declaration. The legislature finds
 2 and declares that in many instances involving an individual who is not a
 3 citizen of the United States charged with an offense punishable as a
 4 crime under state law, a plea of guilty is entered without the defendant
 5 knowing that a conviction of such offense is grounds for deportation,
 6 exclusion from admission to the United States, or denial of naturaliza-
 7 tion pursuant to the laws of the United States. Therefore, it is the
 8 intent of the legislature by enacting this act to promote fairness to
 9 such accused individuals by requiring in such cases that acceptance of a
 10 guilty plea be preceded by an appropriate warning of the special conse-
 11 quences for such a defendant which may result from the plea. It is also
 12 the intent of the legislature that the court in such cases shall grant
 13 the defendant a reasonable amount of time to negotiate with the prosecu-
 14 tor in the event the defendant or the defendant's counsel was unaware of
 15 the possibility of deportation, exclusion from admission to the United
 16 States, or denial of naturalization as a result of conviction. It is
 17 further the intent of the legislature that at the time of the plea no
 18 defendant shall be required to disclose the defendant's legal status to
 19 the court.
 20 § 2. Subdivision 4 of section 170.10 of the criminal procedure law is
 21 amended by adding a new paragraph (f) to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00205-01-5

 A. 651 2

 1 (f) Where the accusatory instrument is an information, a prosecutor's
 2 information or a misdemeanor complaint, prior to acceptance of a plea of
 3 guilty to any crime under state law, the defendant, in addition to any
 4 other warning required by law, shall be entitled to substantially the
 5 following advisement to be orally administered by the court, on the
 6 record in a court of record: "If you are not a citizen of the United
 7 States, you are hereby advised that acceptance by the court of a plea of
 8 guilty or conviction of the crime for which you have been charged may
 9 result in your deportation, exclusion from admission to the United
 10 States or denial of naturalization pursuant to the laws of the United
 11 States." The defendant shall not be required, at the time of entry of a
 12 plea, to disclose to the court the defendant's citizenship or immi-
 13 gration status. Absent the presence of the advisement required by this
 14 paragraph in the record of the proceeding in a court of record, it shall
 15 be presumed that the advisement was not administered; and
 16 § 3. Section 180.10 of the criminal