Bill > A00694

This bill requires courts to provide a specific oral notification to defendants who are not U.S. citizens before accepting their plea in a criminal case. The notification must clearly state that the plea may result in the defendant becoming deportable, ineligible for naturalization, or inadmissible to the United States. The bill mandates that this notification be given in a language the defendant understands, and only by the court, without inquiring about the defendant's immigration status. If requested, the court must allow the defendant additional time to secure counsel or consider the plea. Notably, the bill introduces significant consequences for the court's failure to provide this notification: if the court does not strictly or substantially comply, the plea can be deemed unknowing and involuntary, potentially allowing the defendant to vacate the judgment or withdraw their plea, even years after the original proceeding. The bill also emphasizes that this notification requirement does not prevent courts or prosecutors from considering immigration status in legal proceedings, and it does not absolve defense counsel of their independent obligation to explain potential immigration consequences to the defendant. The law is designed to ensure that non-citizen defendants are fully informed about the potential immigration implications of their criminal plea.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A694