Bill Text: NY A04136 | 2019-2020 | General Assembly | Amended
Bill Title: Establishes a certificate of restoration to replace the terms "certificate of good conduct" and "certificate of relief from disabilities"; repeals certain provisions relating to certificates of good conduct.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-29 - print number 4136a [A04136 Detail]
Download: New_York-2019-A04136-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4136--A 2019-2020 Regular Sessions IN ASSEMBLY February 1, 2019 ___________ Introduced by M. of A. AUBRY -- read once and referred to the Committee on Correction -- recommitted to the Committee on Correction in accord- ance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the correction law, the executive law, the tax law, the alcoholic beverage control law, the agriculture and markets law, the public health law, the town law, the education law, the general busi- ness law, the penal law, the civil rights law, the administrative code of the city of New York and the vehicle and traffic law, in relation to establishing a certificate of restoration to replace the certif- icate of good conduct and the certificate of relief from disabilities; and to repeal certain provisions of the correction law relating to certificates of good conduct The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 700 of the 2 correction law, as amended by chapter 342 of the laws of 1972, is 3 amended to read as follows: 4 (a) "Eligible offender" shall mean a person who has been convicted of 5 a crime or of an offense[, but who has not been convicted more than once6of a felony]. 7 § 2. Section 701 of the correction law, as amended by chapter 342 of 8 the laws of 1972, subdivision 2 as amended by section 3 of subpart J of 9 part II of chapter 55 of the laws of 2019, is amended to read as 10 follows: 11 § 701. Certificate of [relief from disabilities] restoration. 1. A 12 certificate of [relief from disabilities] restoration may be granted as 13 provided in this article to relieve an eligible offender of any forfei- 14 ture or disability, or to remove any bar to his employment, automat- 15 ically imposed by law by reason of his conviction of the crime or of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08131-02-0A. 4136--A 2 1 offense specified therein. Such certificate may be limited to one or 2 more enumerated forfeitures, disabilities or bars, or may relieve the 3 eligible offender of all forfeitures, disabilities and bars. [Provided,4however, that no such certificate shall apply, or be construed so as to5apply, to the right of such person to retain or to be eligible for6public office.] 7 2. Notwithstanding any other provision of law, except subdivision five 8 of section twenty-eight hundred six of the public health law or para- 9 graph (b) of subdivision two of section eleven hundred ninety-three of 10 the vehicle and traffic law, a conviction of a crime or of an offense 11 specified in a certificate of [relief from disabilities] restoration 12 shall not cause automatic forfeiture of any license, other than a 13 license issued pursuant to section 400.00 of the penal law to a person 14 convicted of a class A-I felony or a violent felony offense, as defined 15 in subdivision one of section 70.02 of the penal law, permit, employ- 16 ment, or franchise, including the right to register for or vote at an 17 election, or automatic forfeiture of any other right or privilege, held 18 by the eligible offender and covered by the certificate. Nor shall such 19 conviction be deemed to be a conviction within the meaning of any 20 provision of law that imposes, by reason of a conviction, a bar to any 21 employment, a disability to exercise any right, or a disability to apply 22 for or to receive any license, permit, or other authority or privilege 23 covered by the certificate; provided, however, that a conviction for a 24 second or subsequent violation of any subdivision of section eleven 25 hundred ninety-two of the vehicle and traffic law committed within the 26 preceding ten years shall impose a disability to apply for or receive an 27 operator's license during the period provided in such law; and provided 28 further, however, that a conviction for a class A-I felony or a violent 29 felony offense, as defined in subdivision one of section 70.02 of the 30 penal law, shall impose a disability to apply for or receive a license 31 or permit issued pursuant to section 400.00 of the penal law. 32 3. A certificate of [relief from disabilities] restoration shall not, 33 however, in any way prevent any judicial, administrative, licensing or 34 other body, board or authority from relying upon the conviction speci- 35 fied therein as the basis for the exercise of its discretionary power to 36 suspend, revoke, refuse to issue or refuse to renew any license, permit 37 or other authority or privilege. 38 § 3. Section 702 of the correction law, as amended by chapter 342 of 39 the laws of 1972, the section heading as amended by chapter 931 of the 40 laws of 1976, subdivision 1 as amended by chapter 488 of the laws of 41 2011, subdivision 3 as amended by section 64 of part A of chapter 56 of 42 the laws of 2010 and subdivisions 4 and 6 as amended by section 32 of 43 subpart B of part C of chapter 62 of the laws of 2011, is amended to 44 read as follows: 45 § 702. Certificates of [relief from disabilities] restoration issued 46 by courts. 1. Any court of this state [may, in its discretion,] shall, 47 absent a finding that issuance of such certificate will jeopardize 48 public safety, issue a certificate of [relief from disabilities] resto- 49 ration at the time of sentencing to an eligible offender for a 50 conviction that occurred in such court, if the court [either (a) imposed51a revocable sentence or (b)] imposed a sentence other than one executed 52 by commitment to an institution under the jurisdiction of the state 53 department of corrections and community supervision. Such certificate 54 [may be] issued [(i)] at the time sentence is pronounced[, in which case55it] may grant relief from forfeitures, as well as from disabilities[, or56(ii) at any time thereafter, in which case it shall apply only to disa-A. 4136--A 3 1bilities]. Where such court either imposes a revocable sentence or 2 imposes a sentence other than one executed by commitment to an institu- 3 tion under the jurisdiction of the state department of corrections and 4 community supervision, the court, upon application and in accordance 5 with subdivision two of this section, shall initially determine the 6 fitness of an eligible offender for such certificate prior to or at the 7 time sentence is pronounced. Where the court finds that issuance of the 8 certificate at sentencing will jeopardize public safety, such certif- 9 icate shall be issued as follows: 10 (a) for an offender who receives a revocable sentence, such offender 11 shall be issued such certificate after serving one year of such revoca- 12 ble sentence imposed by the court provided that such offender has not 13 been convicted of a new crime during that time and is not the subject of 14 an undisposed arrest. Such certificate shall apply only to disabilities. 15 In order to receive such a certificate, the eligible offender must apply 16 to the court in which they were sentenced. 17 (b) for an offender who receives a definite sentence of imprisonment, 18 such offender shall be issued such certificate one year after release 19 from incarceration provided that such offender has not been convicted of 20 a new crime during that time and is not the subject of an undisposed 21 arrest. Such certificate shall apply only to disabilities. In order to 22 receive such a certificate, the eligible offender must apply to the 23 court in which they were sentenced. 24 In calculating the one-year periods under paragraphs (a) and (b) of 25 this subdivision, any period of time during which the person was incar- 26 cerated for any reason between the time of conviction and the date on 27 which the eligible offender becomes eligible for a certificate shall be 28 excluded and such one-year period shall be extended by a period or peri- 29 ods equal to the time served under such incarceration. 30 2. [Such] The relief granted by such certificate shall [not be issued31by the court unless the court is satisfied that:32(a) The person to whom it is to be granted is an eligible offender, as33defined in section seven hundred;34(b) The relief to be granted by the certificate is] be consistent with 35 the rehabilitation of the eligible offender[;] and 36 [(c) The relief to be granted by the certificate is] be consistent 37 with the public interest. 38 3. [Where a certificate of relief from disabilities is not issued at39the time sentence is pronounced it shall only be issued thereafter upon40verified application to the court. The court may, for the purpose of41determining whether such certificate shall be issued, request its42probation service to conduct an investigation of the applicant, or if43the court has no probation service it may request the probation service44of the county court for the county in which the court is located to45conduct such investigation. Any probation officer requested to make an46investigation pursuant to this section shall prepare and submit to the47court a written report in accordance with such request.484.] Where the court has imposed a revocable sentence and the certif- 49 icate of [relief from disabilities] restoration is issued prior to the 50 expiration or termination of the time which the court may revoke such 51 sentence, the certificate shall be deemed to be a temporary certificate 52 until such time as the court's authority to revoke the sentence has 53 expired or is terminated. While temporary, such certificate (a) may be 54 revoked by the court for violation of the conditions of the sentence, 55 and (b) shall be revoked by the court if it revokes the sentence and 56 commits the person to an institution under the jurisdiction of the stateA. 4136--A 4 1 department of corrections and community supervision. Any such revocation 2 shall be upon notice and after an opportunity to be heard. If the 3 certificate is not so revoked, it shall become a permanent certificate 4 upon expiration or termination of the court's authority to revoke the 5 sentence. 6 [5] 4. Any court that has issued a certificate of [relief from disa-7bilities] restoration may at any time issue a new certificate to enlarge 8 the relief previously granted, provided, however, that the provisions of 9 subdivisions one through [four] three of this section shall apply to the 10 issuance of any such new certificate. 11 [6.] 5. Any written report submitted to the court [pursuant to] for 12 the purposes of this section is confidential and may not be made avail- 13 able to any person or public or private agency except where specifically 14 required or permitted by statute or upon specific authorization of the 15 court. However, upon the court's receipt of such report, the court shall 16 provide a copy of such report, or direct that such report be provided to 17 the applicant's attorney, or the applicant himself, if he or she has no 18 attorney. In its discretion, the court may except from disclosure a part 19 or parts of the report which are not relevant to the granting of a 20 certificate, or sources of information which have been obtained on a 21 promise of confidentiality, or any other portion thereof, disclosure of 22 which would not be in the interest of justice. The action of the court 23 excepting information from disclosure shall be subject to appellate 24 review. The court, in its discretion, may hold a conference in open 25 court or in chambers to afford an applicant an opportunity to controvert 26 or to comment upon any portions of the report. The court may also 27 conduct a summary hearing at the conference on any matter relevant to 28 the granting of the application and may take testimony under oath. 29 § 4. Section 703 of the correction law, as amended by section 34 of 30 subpart B of part C of chapter 62 of the laws of 2011, is amended to 31 read as follows: 32 § 703. Certificates of [relief from disabilities] restoration issued 33 by the department of corrections and community supervision. 1. The 34 department of corrections and community supervision shall [have the35power to] issue a certificate of [relief from disabilities] restoration 36 to: 37 (a) any eligible offender who has been committed to an institution 38 under the jurisdiction of the state department of corrections and commu- 39 nity supervision who successfully earned merit time or a certificate of 40 earned eligibility during their period of incarceration. Such certif- 41 icate [may] shall be issued by the department at the time the offender 42 is released from such institution under the department's supervision [or43otherwise or at any time thereafter]. If such eligible offender did not 44 earn merit time or a certificate of earned eligibility, the board of 45 parole shall issue such certificate at the time of such eligible 46 offender's release to community supervision unless it is determined that 47 the issuance of such certificate would jeopardize public safety. If such 48 certificate is not issued upon such eligible offender's release to 49 community supervision, such offender shall be issued a certificate by 50 the board of parole after two years of unrevoked parole, conditional 51 release or post-release supervision. Such individual shall apply to the 52 board of parole in order to receive such certificate. 53 In calculating the two-year period under this paragraph, any period of 54 time during which the person was incarcerated for any reason between the 55 time of conviction and the date on which the eligible offender becomes 56 eligible for a certificate shall be excluded and such two-year periodA. 4136--A 5 1 shall be extended by a period or periods equal to the time served under 2 such incarceration; 3 (b) any eligible offender who resides within this state and whose 4 judgment of conviction was rendered by a court in any other jurisdiction 5 where such eligible offender applies for such certificate, is not incar- 6 cerated at the time of the application and is not subject to an undis- 7 posed arrest, unless the board of parole determines that the issuance of 8 such certificate would jeopardize public safety. If a certificate of 9 restoration is not issued at the time of the application, the board 10 shall issue a certificate to such eligible offender one year after the 11 date of the application where the judgment of conviction was for a 12 misdemeanor and two years after the date of the application where the 13 judgment of conviction was for a felony, provided that such offender has 14 not been convicted of a new crime and is not the subject of an undis- 15 posed arrest. 16 2. Where the department has issued a certificate of [relief from disa-17bilities] restoration, the department may at any time issue a new 18 certificate enlarging the relief previously granted. 19 3. The relief granted by the department [shall not issue any] in a 20 certificate of [relief from disabilities] restoration pursuant to 21 [subdivisions] subdivision one or two[, unless the department is satis-22fied that:23(a) The person to whom it is to be granted is an eligible offender, as24defined in section seven hundred;25(b) The relief to be granted by the certificate is] of this section 26 shall be consistent with the rehabilitation of the eligible offender[;] 27 and 28 [(c) The relief to be granted by the certificate is] be consistent 29 with the public interest. 30 4. Any certificate of [relief from disabilities] restoration issued by 31 the department to an eligible offender who at time of the issuance of 32 the certificate is under the department's supervision, shall be deemed 33 to be a temporary certificate until such time as the eligible offender 34 is discharged from the department's supervision, and, while temporary, 35 such certificate may be revoked by the department for violation of the 36 conditions of community supervision. Revocation shall be upon notice to 37 the releasee, who shall be accorded an opportunity to explain the 38 violation prior to decision thereon. If the certificate is not so 39 revoked, it shall become a permanent certificate upon expiration or 40 termination of the department's jurisdiction over the individual. 41 5. In granting or revoking a certificate of [relief from disabilities] 42 restoration the action of the department shall be deemed a judicial 43 function and shall not be reviewable if done according to law. 44 6. For the purpose of determining whether such certificate shall be 45 issued, the department may conduct an investigation of the applicant. 46 7. Presumption based on federal recommendation. Where a certificate of 47 [relief from disabilities] restoration is sought pursuant to paragraph 48 (b) of subdivision one of this section on a judgment of conviction 49 rendered by a federal district court in this state and the department is 50 in receipt of a written recommendation in favor of the issuance of such 51 certificate from the chief probation officer of the district, the 52 department shall issue the requested certificate, unless it finds that 53 the requirements of [paragraphs (a), (b) and (c) of] subdivision three 54 of this section have not been satisfied; or that the interests of 55 justice would not be advanced by the issuance of the certificate. 56 § 5. Section 703-a of the correction law is REPEALED.A. 4136--A 6 1 § 6. Section 703-b of the correction law is REPEALED. 2 § 7. Section 704 of the correction law, as added by chapter 654 of the 3 laws of 1966, is amended to read as follows: 4 § 704. Effect of revocation; use of revoked certificate. 1. Where a 5 certificate of [relief from disabilities] restoration is deemed to be 6 temporary and such certificate is revoked, disabilities and forfeitures 7 thereby relieved shall be reinstated as of the date upon which the 8 person to whom the certificate was issued receives written notice of 9 such revocation. Any such person shall upon receipt of such notice 10 surrender the certificate to the issuing court or board. 11 2. A person who knowingly uses or attempts to use, a revoked certif- 12 icate of [relief from disabilities] restoration in order to obtain or to 13 exercise any right or privilege that he would not be entitled to obtain 14 or to exercise without a valid certificate shall be guilty of a misde- 15 meanor. 16 3. Where a certificate of restoration has been revoked, the offender 17 shall be eligible for a new certificate in accordance with sections 18 seven hundred two and seven hundred three of this article as applicable. 19 § 8. Section 705 of the correction law, as amended by section 36 of 20 subpart B of part C of chapter 62 of the laws of 2011, is amended to 21 read as follows: 22 § 705. Forms and filing. 1. All applications, certificates and orders 23 of revocation necessary for the purposes of this article shall be upon 24 forms prescribed pursuant to agreement among the state commissioner of 25 corrections and community supervision, the chairman of the state board 26 of parole and the administrator of the state judicial conference. Such 27 forms relating to certificates of [relief from disabilities] restoration 28 shall be distributed by the office of probation and correctional alter- 29 natives and [forms relating to certificates of good conduct shall be30distributed] by the commissioner of the department of corrections and 31 community supervision. 32 2. Any court or department issuing or revoking any certificate pursu- 33 ant to this article shall immediately file a copy of the certificate, or 34 of the order of revocation, with the New York state identification and 35 intelligence system. 36 § 9. Subdivision 3 of section 175 of the executive law, as amended by 37 section 2 of part LL of chapter 56 of the laws of 2010, is amended to 38 read as follows: 39 3. Upon a showing by the attorney general in an application for an 40 injunction that any person engaged in solicitation has been convicted in 41 this state or elsewhere of a felony or of a misdemeanor involving the 42 misappropriation, misapplication or misuse of the money or property of 43 another, and who has not, subsequent to such conviction, received execu- 44 tive pardon therefor or a certificate of [relief from disabilities or a45certificate of good conduct] restoration pursuant to article twenty- 46 three of the correction law, the supreme court, after a hearing, may 47 enjoin such person from engaging in any solicitation. 48 § 10. Paragraph (c) of subdivision 8 of section 283 of the tax law, as 49 amended by section 24 of part LL of chapter 56 of the laws of 2010, is 50 amended to read as follows: 51 (c) If a person convicted of a felony or crime deemed hereby to be a 52 felony is subsequently pardoned by the governor of the state where such 53 conviction was had, or by the president of the United States, or shall 54 receive a certificate of [relief from disabilities or a certificate of55good conduct] restoration pursuant to article twenty-three of the 56 correction law for the purpose of removing the disability under thisA. 4136--A 7 1 section because of such conviction, the tax commission may, in its 2 discretion, on application of such person and compliance with subdivi- 3 sion two of this section, and on the submission to it of satisfactory 4 evidence of good moral character and suitability, again register such 5 person as a distributor under this article. 6 § 11. Subdivision 2 of section 102 of the alcoholic beverage control 7 law, as amended by section 1 of part OO of chapter 56 of the laws of 8 2010, the opening paragraph as separately amended by section 3 of part 9 LL of chapter 56 of the laws of 2010 and paragraph (g) as separately 10 amended by chapter 232 of the laws of 2010, is amended to read as 11 follows: 12 2. No person holding any license hereunder, other than a license to 13 sell an alcoholic beverage at retail for off-premises consumption or a 14 license or special license to sell an alcoholic beverage at retail for 15 consumption on the premises where such license authorizes the sale of 16 liquor, beer and/or wine on the premises of a catering establishment, 17 hotel, restaurant, club, or recreational facility, shall knowingly 18 employ in connection with his or her business in any capacity whatsoev- 19 er, any person, who has been convicted of a felony, or any of the 20 following offenses, who has not subsequent to such conviction received 21 an executive pardon therefor removing any civil disabilities incurred 22 thereby, a certificate of [relief from disabilities or a certificate of23good conduct] restoration pursuant to article twenty-three of the 24 correction law, or other relief from disabilities provided by law, or 25 the written approval of the state liquor authority permitting such 26 employment, to wit: 27 (a) Illegally using, carrying or possessing a pistol or other danger- 28 ous weapon; 29 (b) Making or possessing burglar's instruments; 30 (c) Buying or receiving or criminally possessing stolen property; 31 (d) Unlawful entry of a building; 32 (e) Aiding escape from prison; 33 (f) Unlawfully possessing or distributing habit forming narcotic 34 drugs; 35 (g) Violating subdivisions six, ten or eleven of section seven hundred 36 twenty-two of the former penal law as in force and effect immediately 37 prior to September first, nineteen hundred sixty-seven, or violating 38 [sections] section 165.25 or 165.30 of the penal law; 39 (h) Vagrancy or prostitution; or 40 (i) Ownership, operation, possession, custody or control of a still 41 subsequent to July first, nineteen hundred fifty-four. 42 If, as hereinabove provided, the state liquor authority issues its 43 written approval for the employment by a licensee, in a specified capac- 44 ity, of a person previously convicted of a felony or any of the offenses 45 above enumerated, such person, may, unless he or she is subsequently 46 convicted of a felony or any of such offenses, thereafter be employed in 47 the same capacity by any other licensee without the further written 48 approval of the authority unless the prior approval given by the author- 49 ity is terminated. 50 The liquor authority may make such rules as it deems necessary to 51 carry out the purpose and intent of this subdivision. 52 As used in this subdivision, "recreational facility" shall mean: (i) 53 premises that are part of a facility the principal business of which 54 shall be the providing of recreation in the form of golf, tennis, swim- 55 ming, skiing or boating; and (ii) premises in which the principal busi- 56 ness shall be the operation of a theatre, concert hall, opera house,A. 4136--A 8 1 bowling establishment, excursion and sightseeing vessel, or accommo- 2 dation of athletic events, sporting events, expositions and other simi- 3 lar events or occasions requiring the accommodation of large gatherings 4 of persons. 5 § 12. Paragraph (d) of subdivision 1 of section 110 of the alcoholic 6 beverage control law, as amended by chapter 114 of the laws of 2000, is 7 amended to read as follows: 8 (d) A statement that such applicant or the applicant's spouse has not 9 been convicted of a crime addressed by the provisions of section one 10 hundred twenty-six of this article which would forbid the applicant 11 (including any officers, directors, shareholders or partners listed in 12 the statement of identity under paragraph (a) of this subdivision or the 13 spouse of such person) or the applicant's spouse to traffic in alcoholic 14 beverages, a statement whether or not the applicant (including any offi- 15 cers, directors, shareholders or partners listed in the statement of 16 identity under paragraph (a) of this subdivision or the spouse of any 17 such person) or the applicant's spouse is an official described in 18 section one hundred twenty-eight of this article, and a description of 19 any crime that the applicant (including any officers, directors, share- 20 holders or partners listed under paragraph (a) of this subdivision or 21 the spouse of any such person) or the applicant's spouse has been 22 convicted of and whether such person has received a pardon, certificate 23 of [good conduct or certificate of relief from disabilities] 24 restoration; provided, however, that no person shall be denied any 25 license solely on the grounds that such person is the spouse of a person 26 otherwise disqualified from holding a license under this chapter. 27 § 13. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever- 28 age control law, as amended by section 50 of subpart B of part C of 29 chapter 62 of the laws of 2011, are amended to read as follows: 30 1. Except as provided in subdivision one-a of this section, a person 31 who has been convicted of a felony or any of the misdemeanors mentioned 32 in section eleven hundred forty-six of the former penal law as in force 33 and effect immediately prior to September first, nineteen hundred 34 sixty-seven, or of an offense defined in section 230.20 or 230.40 of the 35 penal law, unless subsequent to such conviction such person shall have 36 received an executive pardon therefor removing this disability, a 37 certificate of [good conduct granted by the department of corrections38and community supervision, or a certificate of relief from disabilities] 39 restoration granted by the department of corrections and community 40 supervision or a court of this state pursuant to the provisions of arti- 41 cle twenty-three of the correction law to remove the disability under 42 this section because of such conviction. 43 1-a. Notwithstanding the provision of subdivision one of this section, 44 a corporation holding a license to traffic in alcoholic beverages shall 45 not, upon conviction of a felony or any of the misdemeanors or offenses 46 described in subdivision one of this section, be automatically forbidden 47 to traffic in alcoholic beverages, but the application for a license by 48 such a corporation shall be subject to denial, and the license of such a 49 corporation shall be subject to revocation or suspension by the authori- 50 ty pursuant to section one hundred eighteen of this [chapter] article, 51 consistent with the provisions of article twenty-three-A of the 52 correction law. For any felony conviction by a court other than a court 53 of this state, the authority may request the department of corrections 54 and community supervision to investigate and review the facts and 55 circumstances concerning such a conviction, and such department shall, 56 if so requested, submit its findings to the authority as to whether theA. 4136--A 9 1 corporation has conducted itself in a manner such that discretionary 2 review by the authority would not be inconsistent with the public inter- 3 est. The department of corrections and community supervision may charge 4 the licensee or applicant a fee equivalent to the expenses of an appro- 5 priate investigation under this subdivision. For any conviction rendered 6 by a court of this state, the authority may request the corporation, if 7 the corporation is eligible for a certificate of [relief from disabili-8ties] restoration, to seek such a certificate [from the court which9rendered the conviction] in accordance with article twenty-three of the 10 correction law and to submit such a certificate as part of the authori- 11 ty's discretionary review process. 12 4. A copartnership or a corporation, unless each member of the part- 13 nership, or each of the principal officers and directors of the corpo- 14 ration, is a citizen of the United States or an alien lawfully admitted 15 for permanent residence in the United States, not less than twenty-one 16 years of age, and has not been convicted of any felony or any of the 17 misdemeanors, specified in section eleven hundred forty-six of the 18 former penal law as in force and effect immediately prior to September 19 first, nineteen hundred sixty-seven, or of an offense defined in section 20 230.20 or 230.40 of the penal law, or if so convicted has received, 21 subsequent to such conviction, an executive pardon therefor removing 22 this disability, a certificate of [good conduct granted by the depart-23ment of corrections and community supervision, or a certificate of24relief from disabilities] restoration granted by the department of 25 corrections and community supervision or a court of this state pursuant 26 to the provisions of article twenty-three of the correction law to 27 remove the disability under this section because of such conviction; 28 provided however that a corporation which otherwise conforms to the 29 requirements of this section and chapter may be licensed if each of its 30 principal officers and more than one-half of its directors are citizens 31 of the United States or aliens lawfully admitted for permanent residence 32 in the United States; and provided further that a corporation organized 33 under the not-for-profit corporation law or the education law which 34 otherwise conforms to the requirements of this section and chapter may 35 be licensed if each of its principal officers and more than one-half of 36 its directors are not less than twenty-one years of age and none of its 37 directors are less than eighteen years of age; and provided further that 38 a corporation organized under the not-for-profit corporation law or the 39 education law and located on the premises of a college as defined by 40 section two of the education law which otherwise conforms to the 41 requirements of this section and chapter may be licensed if each of its 42 principal officers and each of its directors are not less than eighteen 43 years of age. 44 § 14. Subdivision 4 of section 96-z-3 of the agriculture and markets 45 law, as amended by section 4 of part LL of chapter 56 of the laws of 46 2010, is amended to read as follows: 47 (4) applicant, an officer, director, partner, or holder of ten per 48 centum or more of the voting stock of an applicant has been convicted of 49 a felony by a court of the United States or any state or territory ther- 50 eof, without subsequent pardon by the governor or other appropriate 51 authority of the state or jurisdiction in which such conviction 52 occurred, or the receipt of a certificate of [relief from disabilities53or a certificate of good conduct] restoration pursuant to article twen- 54 ty-three of the correction law,A. 4136--A 10 1 § 15. Paragraph (d) of subdivision 4 of section 129 of the agriculture 2 and markets law, as amended by section 5 of part LL of chapter 56 of the 3 laws of 2010, is amended to read as follows: 4 (d) The applicant or registrant, or an officer, director, partner or 5 holder of ten per centum or more of the voting stock of the applicant or 6 registrant, has been convicted of a felony by a court of the United 7 States or any state or territory thereof, without subsequent pardon by 8 the governor or other appropriate authority of the state or jurisdiction 9 in which such conviction occurred, or receipt of a certificate of 10 [relief from disabilities or a certificate of good conduct] restoration 11 pursuant to article twenty-three of the correction law; 12 § 16. Paragraph (c) of subdivision 2 of section 2897 of the public 13 health law, as amended by section 21 of part LL of chapter 56 of the 14 laws of 2010, is amended to read as follows: 15 (c) If a person convicted of a felony or crime deemed hereby to be a 16 felony is subsequently pardoned by the governor of the state where such 17 conviction was had, or by the president of the United States, or shall 18 receive a certificate of [relief from disabilities or a certificate of19good conduct] restoration pursuant to article twenty-three of the 20 correction law for the purpose of removing the disability under this 21 section because of such conviction, the board may, in its discretion, on 22 application of such person, and on the submission to it of satisfactory 23 evidence, restore to such person the right to practice nursing home 24 administration in this state. 25 § 17. Section 3454 of the public health law, as amended by section 22 26 of part LL of chapter 56 of the laws of 2010, is amended to read as 27 follows: 28 § 3454. Restoration of licenses after conviction of a felony. If a 29 person convicted of a felony or crime deemed to be a felony is subse- 30 quently pardoned by the governor of the state where such conviction was 31 had or by the president of the United States, or shall receive a certif- 32 icate of [relief from disabilities or a certificate of good conduct] 33 restoration pursuant to article twenty-three of the correction law to 34 remove the disability under this section because of such conviction, the 35 commissioner may, in his or her discretion, on application of such 36 person, and on the submission to him or her of satisfactory evidence, 37 restore to such person the right to practice in this state. 38 § 18. Paragraph (a) of subdivision 2 of section 3510 of the public 39 health law, as added by chapter 175 of the laws of 2006, is amended to 40 read as follows: 41 (a) No person convicted of a felony shall continue to hold a license 42 to practice radiologic technology, unless he or she has been granted an 43 executive pardon, a certificate of [relief from disabilities or a44certificate of good conduct] restoration for such felony and, the 45 commissioner, in his or her discretion, restores the license after 46 determining that the individual does not pose a threat to patient health 47 and safety. 48 § 19. Paragraph b of subdivision 5 of section 84-a of the town law, as 49 amended by section 10 of part LL of chapter 56 of the laws of 2010, is 50 amended to read as follows: 51 b. On the reverse side of such envelope shall be printed the following 52 statement: 53 STATEMENT OF ABSENTEE VOTER 54 I do declare that I will have been a citizen of the United States for 55 thirty days, and will be at least eighteen years of age, on the date of 56 the special town election; that I will have been a resident of thisA. 4136--A 11 1 state and of the town shown on the reverse side of this envelope for 2 thirty days next preceding the said election; that I am or on such date 3 will be, a registered voter of said town; that I will be unable to 4 appear personally on the day of said special town election at the poll- 5 ing place of the election district in which I am or will be a qualified 6 voter because of the reason stated on my application heretofore submit- 7 ted; that I have not qualified, or do I intend to vote, elsewhere than 8 as set forth on the reverse side of this envelope; that I have not 9 received or offered, do not expect to receive, have not paid, offered or 10 promised to pay, contributed, offered or promised to contribute to 11 another to be paid or used, any money or other valuable thing, as a 12 compensation or reward for the giving or withholding of a vote at this 13 special town election, and have not made any promise to influence the 14 giving or withholding of any such votes; that I have not made or become 15 directly or indirectly interested in any bet or wager depending upon the 16 result of this special town election; and that I have not been convicted 17 of bribery or any infamous crime, or, if so convicted, that I have been 18 pardoned or restored to all the rights of a citizen, without restriction 19 as to the right of suffrage, or received a certificate of [relief from20disabilities or a certificate of good conduct] restoration pursuant to 21 article twenty-three of the correction law removing my disability to 22 register and vote or my maximum sentence of imprisonment has expired. 23 I hereby declare that the foregoing is a true statement to the best of 24 my knowledge and belief, and I understand that if I make any material 25 false statement in the foregoing statement of absentee voter, I shall be 26 guilty of a misdemeanor. 27 Date.............. Signature of Voter.................. 28 § 20. Paragraph b of subdivision 5 of section 175-b of the town law, 29 as amended by section 11 of part LL of chapter 56 of the laws of 2010, 30 is amended to read as follows: 31 b. On the reverse side of such envelope shall be printed the follow- 32 ing statement: 33 STATEMENT OF ABSENTEE VOTER 34 I do declare that I will have been a citizen of the United States for 35 thirty days, and will be at least eighteen years of age, on the date of 36 the district election; that I will have been a resident of this state 37 and of the district if any, shown on the reverse side of this envelope 38 for thirty days next preceding the said election and that I am or on 39 such date will be, a registered voter of said district; that I will be 40 unable to appear personally on the day of said district election at the 41 polling place of the said district in which I am or will be a qualified 42 voter because of the reason stated on my application heretofore submit- 43 ted; that I have not qualified, or do I intend to vote, elsewhere than 44 as set forth on the reverse side of this envelope; that I have not 45 received or offered, do not expect to receive, have not paid, offered or 46 promised to pay, contributed, offered or promised to contribute to 47 another to be paid or used, any money or other valuable thing, as a 48 compensation or reward for the giving or withholding of a vote at this 49 district election, and have not made any promise to influence the giving 50 or withholding of any such votes; that I have not made or become direct- 51 ly or indirectly interested in any bet or wager depending upon the 52 result of this district election; and that I have not been convicted of 53 bribery or any infamous crime, or, if so convicted, that I have been 54 pardoned or restored to all the rights of a citizen, without restriction 55 as to the right of suffrage, or received a certificate of [relief from56disabilities or a certificate of good conduct] restoration pursuant toA. 4136--A 12 1 article twenty-three of the correction law removing my disability to 2 register and vote or my maximum sentence of imprisonment has expired. 3 I hereby declare that the foregoing is a true statement to the best of 4 my knowledge and belief, and I understand that if I make any material 5 false statement in the foregoing statement of absentee voter, I shall be 6 guilty of a misdemeanor. 7 Date..............Signature of Voter.................. 8 § 21. Paragraph b of subdivision 5 of section 213-b of the town law, 9 as amended by section 12 of part LL of chapter 56 of the laws of 2010, 10 is amended to read as follows: 11 b. On the reverse side of such envelope shall be printed the follow- 12 ing statement: 13 STATEMENT OF ABSENTEE VOTER 14 I do declare that I will have been a citizen of the United States for 15 thirty days, and will be at least eighteen years of age, on the date of 16 the district election; that I will have been a resident of this state 17 and of the district if any, shown on the reverse side of this envelope 18 for thirty days next preceding the said election and that I am or on 19 such date will be, a registered voter of said district; that I will be 20 unable to appear personally on the day of said district election at the 21 polling place of the said district in which I am or will be a qualified 22 voter because of the reason stated on my application heretofore submit- 23 ted; that I have not qualified, or do I intend to vote, elsewhere than 24 as set forth on the reverse side of this envelope; that I have not 25 received or offered, do not expect to receive, have not paid, offered or 26 promised to pay, contributed, offered or promised to contribute to 27 another to be paid or used, any money or other valuable thing, as a 28 compensation or reward for the giving or withholding of a vote at this 29 district election, and have not made any promise to influence the giving 30 or withholding of any such votes; that I have not made or become direct- 31 ly or indirectly interested in any bet or wager depending upon the 32 result of this district election; and that I have not been convicted of 33 bribery or any infamous crime, or, if so convicted, that I have been 34 pardoned or restored to all the rights of a citizen, without restriction 35 as to the right of suffrage, or received a certificate of [relief from36disabilities or a certificate of good conduct] restoration pursuant to 37 article twenty-three of the correction law removing my disability to 38 register and vote or my maximum sentence of imprisonment has expired. 39 I hereby declare that the foregoing is a true statement to the best of 40 my knowledge and belief, and I understand that if I make any material 41 false statement in the foregoing statement of absentee voter, I shall be 42 guilty of a misdemeanor. 43 Date............. Signature of Voter .............................. 44 § 22. Paragraph b of subdivision 5 of section 2018-a of the education 45 law, as amended by section 8 of part LL of chapter 56 of the laws of 46 2010, is amended to read as follows: 47 b. On the reverse side of such envelope shall be printed the following 48 statement: 49 STATEMENT OF ABSENTEE VOTER 50 I do declare that I am a citizen of the United States, and will be at 51 least eighteen years of age, on the date of the school district 52 election; that I will have been a resident of this state and of the 53 school district and school election district, if any, shown on theA. 4136--A 13 1 reverse side of this envelope for thirty days next preceding the said 2 election and duly registered in the school district and school election 3 district, if any, shown on the reverse side of this envelope and that I 4 am or on such date will be, a qualified voter of said school district; 5 that I will be unable to appear personally on the day of said school 6 district election at the polling place of the said district in which I 7 am or will be a qualified voter because of the reason stated on my 8 application heretofore submitted; that I have not qualified, or do I 9 intend to vote, elsewhere than as set forth on the reverse side of this 10 envelope; that I have not received or offered, do not expect to receive, 11 have not paid, offered or promised to pay, contributed, offered or prom- 12 ised to contribute to another to be paid or used, any money or other 13 valuable thing, as a compensation or reward for the giving or withhold- 14 ing of a vote at this school district election, and have not made any 15 promise to influence the giving or withholding of any such votes; that I 16 have not made or become directly or indirectly interested in any bet or 17 wager depending upon the result of this school district election; and 18 that I have not been convicted of bribery or any infamous crime, or, if 19 so convicted, that I have been pardoned or restored to all the rights of 20 a citizen, without restriction as to the right of suffrage, or received 21 a certificate of [relief from disabilities or a certificate of good22conduct] restoration pursuant to article twenty-three of the correction 23 law removing my disability to register and vote or my maximum sentence 24 of imprisonment has expired. 25 I hereby declare that the foregoing is a true statement to the best of 26 my knowledge and belief, and I understand that if I make any material 27 false statement in the foregoing statement of absentee voter, I shall be 28 guilty of a misdemeanor. 29 Date.....................Signature of Voter .......................... 30 § 23. Paragraph b of subdivision 6 of section 2018-b of the education 31 law, as amended by section 9 of part LL of chapter 56 of the laws of 32 2010, is amended to read as follows: 33 b. On the reverse side of such envelope shall be printed the following 34 statement: 35 STATEMENT OF ABSENTEE VOTER 36 I do declare that I am a citizen of the United States, and will be at 37 least eighteen years of age on the date of the school district election; 38 that I will have been a resident of this state and of the school 39 district and school election district, if any, shown on the reverse side 40 of this envelope for thirty days next preceding the said election and 41 that I am or on such date will be, a qualified voter of said school 42 district; that I will be unable to appear personally on the day of said 43 school district election at the polling place of the said district in 44 which I am or will be a qualified voter because of the reason stated on 45 my application heretofore submitted; that I have not qualified, or do I 46 intend to vote, elsewhere than as set forth on the reverse side of this 47 envelope; that I have not received or offered, do not expect to receive, 48 have not paid, offered or promised to pay, contributed, offered or prom- 49 ised to contribute to another to be paid or used, any money or other 50 valuable thing, as a compensation or reward for the giving or withhold- 51 ing of a vote at this school district election, and have not made any 52 promise to influence the giving or withholding of any such votes; that IA. 4136--A 14 1 have not made or become directly or indirectly interested in any bet or 2 wager depending upon the result of this school district election; and 3 that I have not been convicted of bribery or any infamous crime, or, if 4 so convicted, that I have been pardoned or restored to all the rights of 5 a citizen, without restriction as to the right of suffrage, or have 6 received a certificate of [relief from disabilities or a certificate of7good conduct] restoration pursuant to article twenty-three of the 8 correction law removing my disability to vote or my maximum sentence of 9 imprisonment has expired. 10 I hereby declare that the foregoing is a true statement to the best of 11 my knowledge and belief, and I understand that if I make any material 12 false statement in the foregoing statement of absentee voter, I shall be 13 guilty of a misdemeanor. 14 Date....................Signature of Voter ........................... 15 § 24. Subdivision 2 of section 69-o of the general business law, as 16 amended by chapter 575 of the laws of 1993, is amended to read as 17 follows: 18 2. After the filing of an applicant's fingerprint cards, the secretary 19 of state shall forward such fingerprints to the division of criminal 20 justice services to be compared with the fingerprints on file with the 21 division of criminal justice services in order to ascertain whether the 22 applicant has been convicted of a felony involving fraud, bribery, 23 perjury or theft pursuant to article one hundred forty, one hundred 24 fifty-five, one hundred sixty, one hundred sixty-five, one hundred 25 seventy, one hundred seventy-five, one hundred seventy-six, one hundred 26 eighty, one hundred eighty-five, one hundred ninety, one hundred nine- 27 ty-five, two hundred or two hundred ten of the penal law; or has a crim- 28 inal action which has been pending for such a felony for under one year 29 without a final disposition unless adjourned in contemplation of 30 dismissal; provided, however, that for the purposes of this article, 31 none of the following shall be considered criminal convictions or 32 reported as such: 33 (a) A conviction which has been vacated and replaced by a youthful 34 offender finding pursuant to article seven hundred twenty of the crimi- 35 nal procedure law, or the applicable provisions of law of any other 36 jurisdiction; or 37 (b) A conviction the records of which have been expunged or sealed 38 pursuant to the applicable provisions of the laws of this state or of 39 any other jurisdiction; or 40 (c) A conviction for which [a certificate of relief from disabilities41or] a certificate of [good conduct] restoration has been issued pursuant 42 to article twenty-three of the correction law. 43 The division of criminal justice services shall retain the fingerprint 44 cards and return the report of such convictions or pending cases, if 45 any, to the secretary of state who shall retain them in a confidential 46 file for no more than one year, after which time such report shall be 47 destroyed. 48 The secretary of state shall deny the application of any individual 49 convicted of a felony involving fraud, bribery, perjury or theft pursu- 50 ant to article one hundred forty, one hundred fifty-five, one hundred 51 sixty, one hundred sixty-five, one hundred seventy, one hundred seven- 52 ty-five, one hundred seventy-six, one hundred eighty, one hundred eight- 53 y-five, one hundred ninety, one hundred ninety-five, two hundred or twoA. 4136--A 15 1 hundred ten of the penal law; or has a criminal action which has been 2 pending for such a felony for under one year without a final disposition 3 unless adjourned in contemplation of dismissal; provided, however, that 4 for the purposes of this article, none of the following shall be consid- 5 ered criminal convictions or reported as such: 6 (i) A conviction which has been vacated and replaced by a youthful 7 offender finding pursuant to article seven hundred twenty of the crimi- 8 nal procedure law, or the applicable provisions of law of any other 9 jurisdiction; or 10 (ii) A conviction the records of which have been expunged or sealed 11 pursuant to the applicable provisions of the laws of this state or of 12 any other jurisdiction; or 13 (iii) A conviction for which [a certificate of relief from disabili-14ties or] a certificate of [good conduct] restoration has been issued 15 pursuant to article twenty-three of the correction law. 16 § 25. Subdivision 1 of section 81 of the general business law, as 17 amended by section 14 of part LL of chapter 56 of the laws of 2010, is 18 amended to read as follows: 19 1. The holder of any license certificate issued pursuant to this arti- 20 cle may employ to assist him in his work of private detective or inves- 21 tigator or bail enforcement agent as described in section seventy-one of 22 this article and in the conduct of such business as many persons as he 23 may deem necessary, and shall at all times during such employment be 24 legally responsible for the good conduct in the business of each and 25 every person so employed. 26 No holder of any unexpired license certificate issued pursuant to this 27 article shall knowingly employ in connection with his or its business in 28 any capacity whatsoever, any person who has been convicted of a felony 29 or any of the offenses specified in subdivision two of section seventy- 30 four of this article, and who has not subsequent to such conviction 31 received executive pardon therefor removing this disability, or received 32 a certificate of [relief from disabilities or a certificate of good33conduct] restoration pursuant to article twenty-three of the correction 34 law to remove the disability under this section because of such a 35 conviction, or any person whose private detective or investigator's 36 license or bail enforcement agent's license was revoked or application 37 for such license was denied by the department of state or by the author- 38 ities of any other state or territory because of conviction of any of 39 such offenses. Should the holder of an unexpired license certificate 40 falsely state or represent that a person is or has been in his employ, 41 such false statement or misrepresentation shall be sufficient cause for 42 the revocation of such license. Any person falsely stating or represent- 43 ing that he is or has been a detective or employed by a detective agency 44 or that he is or has been a bail enforcement agent or employed by a bail 45 enforcement agency shall be guilty of a misdemeanor. 46 § 26. Paragraph 5 of subdivision a of section 265.20 of the penal law, 47 as amended by chapter 235 of the laws of 2007, is amended to read as 48 follows: 49 5. Possession of a rifle or shotgun by a person other than a person 50 who has been convicted of a class A-I felony or a violent felony 51 offense, as defined in subdivision one of section 70.02 of this chapter, 52 who has been convicted as specified in subdivision four of section 53 265.01 of this article to whom a certificate of [good conduct] restora- 54 tion has been issued [pursuant to section seven hundred three-b of the55correction law].A. 4136--A 16 1 § 27. Section 751 of the correction law, as amended by chapter 284 of 2 the laws of 2007, is amended to read as follows: 3 § 751. Applicability. The provisions of this article shall apply to 4 any application by any person for a license or employment at any public 5 or private employer, who has previously been convicted of one or more 6 criminal offenses in this state or in any other jurisdiction, and to any 7 license or employment held by any person whose conviction of one or more 8 criminal offenses in this state or in any other jurisdiction preceded 9 such employment or granting of a license, except where a mandatory 10 forfeiture, disability or bar to employment is imposed by law, and has 11 not been removed by an executive pardon, certificate of [relief from12disabilities or certificate of good conduct] restoration. Nothing in 13 this article shall be construed to affect any right an employer may have 14 with respect to an intentional misrepresentation in connection with an 15 application for employment made by a prospective employee or previously 16 made by a current employee. 17 § 28. Subdivision 2 of section 753 of the correction law, as added by 18 chapter 931 of the laws of 1976, is amended to read as follows: 19 2. In making a determination pursuant to section seven hundred fifty- 20 two of this [chapter] article, the public agency or private employer 21 shall also give consideration to a certificate of [relief from disabili-22ties or a certificate of good conduct] restoration issued to the appli- 23 cant, which certificate shall create a presumption of rehabilitation in 24 regard to the offense or offenses specified therein. 25 § 29. The closing paragraph of section 79-a of the civil rights law, 26 as amended by chapter 687 of the laws of 1973, is amended to read as 27 follows: 28 Nothing in this section shall be deemed to preclude the issuance of a 29 certificate of [good conduct] restoration by the board of parole or 30 sentencing court pursuant to law to a person who previously has been 31 sentenced to imprisonment for life. 32 § 30. Paragraph (a) of subdivision 1 of section 20-438 of the adminis- 33 trative code of the city of New York is amended to read as follows: 34 (a) Issuance of licenses to conduct games of chance. If such depart- 35 ment shall determine that the applicant is duly qualified to be licensed 36 to conduct games of chance under this subchapter; that the members of 37 the applicant designated in the application to conduct games of chance 38 are bona fide active members of the applicant and are persons of good 39 moral character and have never been convicted of a crime, or, if 40 convicted, have received a pardon or a certificate of [good conduct] 41 restoration; that such games are to be conducted in accordance with the 42 provisions of this subchapter and in accordance with the rules and regu- 43 lations of the board and that the proceeds thereof are to be disposed of 44 as provided by this subchapter; and if such department is satisfied that 45 no commission, salary, compensation, reward or recompense whatever will 46 be paid or given to any person holding, operating or conducting or 47 assisting in the holding, operation and conduct of any such games except 48 as in this subchapter otherwise provided; and that no prize will be 49 given in excess of the sum or value of one hundred dollars in any single 50 game and that the aggregate of all prizes given on one occasion, under 51 said license shall not exceed the sum or value of one thousand dollars, 52 the department shall issue a license to the applicant for the conduct of 53 games of chance upon payment of a license fee of twenty-five dollars for 54 each license period.A. 4136--A 17 1 § 31. Paragraph (a) of subdivision 5 of section 2806 of the public 2 health law, as amended by section 20 of part LL of chapter 56 of the 3 laws of 2010, is amended to read as follows: 4 (a) Except as provided in paragraphs (b) and (d) of this subdivision, 5 anything contained in this section or in a certificate of [relief from6disabilities or a certificate of good conduct] restoration issued pursu- 7 ant to article twenty-three of the correction law to the contrary 8 notwithstanding, a hospital operating certificate of a hospital under 9 control of a controlling person as defined in paragraph (a) of subdivi- 10 sion twelve of section twenty-eight hundred one-a of this article, or 11 under control of any other entity, shall be revoked upon a finding by 12 the department that such controlling person or any individual, member of 13 a partnership or shareholder of a corporation to whom or to which an 14 operating certificate has been issued, has been convicted of a class A, 15 B or C felony, or a felony related in any way to any activity or program 16 subject to the regulations, supervision, or administration of the 17 department or of the office of temporary and disability assistance or in 18 violation of the public officers law in a court of competent jurisdic- 19 tion in the state, or of a crime outside the state which, if committed 20 within the state, would have been a class A, B or C felony or a felony 21 related in any way to any activity or program subject to the regu- 22 lations, supervision, or administration of the department or of the 23 office of temporary and disability assistance or in violation of the 24 public officers law. 25 § 32. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision 26 2 of section 509-c of the vehicle and traffic law, paragraph (a) of 27 subdivision 1 as amended by section 25 and paragraph (a) of subdivision 28 2 as amended by section 26 of part LL of chapter 56 of the laws of 2010, 29 are amended to read as follows: 30 (a) permanently, if that person has been convicted of or forfeited 31 bond or collateral which forfeiture order has not been vacated or the 32 subject of an order of remission upon a violation of section 130.30, 33 130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an 34 offense committed under a former section of the penal law which would 35 constitute a violation of the aforesaid sections of the penal law or any 36 offense committed outside of this state which would constitute a 37 violation of the aforesaid sections of the penal law, provided, however, 38 the provisions of this paragraph shall not apply to convictions, suspen- 39 sions or revocations or forfeitures of bonds for collateral upon any of 40 the charges listed in this paragraph for violations which occurred prior 41 to September first, nineteen hundred seventy-four committed by a person 42 employed as a bus driver on September first, nineteen hundred seventy- 43 four. However, such disqualification may be waived provided that five 44 years have expired since the applicant was discharged or released from a 45 sentence of imprisonment imposed pursuant to conviction of an offense 46 that requires disqualification under this paragraph and that the appli- 47 cant shall have been granted a certificate of [relief from disabilities48or a certificate of good conduct] restoration pursuant to article twen- 49 ty-three of the correction law. 50 (a) permanently, if that person has been convicted of or forfeited 51 bond or collateral which forfeiture order has not been vacated or the 52 subject of an order of remission upon a violation committed prior to 53 September fifteenth, nineteen hundred eighty-five, of section 130.30, 54 130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an 55 offense committed under a former section of the penal law which would 56 constitute a violation of the aforesaid sections of the penal law or anyA. 4136--A 18 1 offense committed outside of this state which would constitute a 2 violation of the aforesaid sections of the penal law. However, such 3 disqualification may be waived provided that five years have expired 4 since the applicant was discharged or released from a sentence of impri- 5 sonment imposed pursuant to conviction of an offense that requires 6 disqualification under this paragraph and that the applicant shall have 7 been granted a certificate of [relief from disabilities or a certificate8of good conduct] restoration pursuant to article twenty-three of the 9 correction law. 10 § 33. Paragraph (a) and subparagraph (i) of paragraph (b) of subdivi- 11 sion 1 and paragraphs (a) and (b) and subparagraph (i) of paragraph (c) 12 of subdivision 2 of section 509-cc of the vehicle and traffic law, as 13 added by chapter 675 of the laws of 1985, subparagraphs (i), (ii) and 14 (iii) of paragraph (a) and subparagraph (i) of paragraph (b) of subdivi- 15 sion 1 as amended by section 27 and paragraphs (a) and (b) and subpara- 16 graph (i) of paragraph (c) of subdivision 2 as amended by section 28 of 17 part LL of chapter 56 of the laws of 2010, are amended to read as 18 follows: 19 (a) permanently, if that person 20 (i) has been convicted of or forfeited bond or collateral which 21 forfeiture order has not been vacated or the subject of an order of 22 remission upon a violation committed prior to September fifteenth, nine- 23 teen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50, 24 130.60, or 130.65 of the penal law, or an offense committed under a 25 former section of the penal law which would constitute a violation of 26 the aforesaid sections of the penal law or any offense committed outside 27 of this state which would constitute a violation of the aforesaid 28 sections of the penal law, provided, however, the provisions of this 29 subparagraph shall not apply to convictions, suspensions or revocations 30 or forfeitures of bonds for collateral upon any of the charges listed in 31 this subparagraph for violations which occurred prior to September 32 first, nineteen hundred seventy-four committed by a person employed as a 33 bus driver on September first, nineteen hundred seventy-four. However, 34 such disqualification may be waived provided that five years have 35 expired since the applicant was discharged or released from a sentence 36 of imprisonment imposed pursuant to conviction of an offense that 37 requires disqualification under this paragraph and that the applicant 38 shall have been granted a certificate of [relief from disabilities or a39certificate of good conduct] restoration pursuant to article twenty- 40 three of the correction law. When the certificate is issued by a court 41 for a conviction which occurred in this state, it shall only be issued 42 by the court having jurisdiction over such conviction. Such certificate 43 shall specifically indicate that the authority granting such certificate 44 has considered the bearing, if any, the criminal offense or offenses for 45 which the person was convicted will have on the applicant's fitness or 46 ability to operate a bus transporting school children to the applicant's 47 prospective employment, prior to granting such a certificate; or 48 (ii) has been convicted of an offense listed in paragraph (a) of 49 subdivision four of this section that was committed on or after Septem- 50 ber fifteenth, nineteen hundred eighty-five. However, such disqualifica- 51 tion may be waived by the commissioner provided that five years have 52 expired since the applicant was discharged or released from a sentence 53 of imprisonment imposed pursuant to conviction of an offense that 54 requires disqualification under this paragraph and that the applicant 55 shall have been granted a certificate of [relief from disabilities or a56certificate of good conduct] restoration pursuant to article twenty-A. 4136--A 19 1 three of the correction law. When the certificate is issued by a court 2 for a conviction which occurred in this state, it shall only be issued 3 by the court having jurisdiction over such conviction. Such certificate 4 shall specifically indicate that the authority granting such certificate 5 has considered the bearing, if any, the criminal offense or offenses for 6 which the person was convicted will have on the applicant's fitness or 7 ability to operate a bus transporting school children, prior to granting 8 such a certificate; or 9 (iii) has been convicted of an offense listed in paragraph (b) of 10 subdivision four of this section that was committed on or after Septem- 11 ber fifteenth, nineteen hundred eighty-five. However, such disqualifica- 12 tion shall be waived provided that five years have expired since the 13 applicant discharged or released from a sentence of imprisonment imposed 14 pursuant to conviction of an offense that requires disqualification 15 under this paragraph and that the applicant shall have been granted a 16 certificate of [relief from disabilities or a certificate of good17conduct] restoration pursuant to article twenty-three of the correction 18 law. When the certificate is issued by a court for a conviction which 19 occurred in this state, it shall only be issued by the court having 20 jurisdiction over such conviction. Such certificate shall specifically 21 indicate that the authority granting such certificate has considered the 22 bearing, if any, the criminal offense or offenses for which the person 23 was convicted will have on the applicant's fitness or ability to operate 24 a bus transporting school children, prior to granting such a certif- 25 icate. Provided, however, that at the discretion of the commissioner, 26 the certificate of relief from disabilities may remove disqualification 27 at any time; or 28 (i) has been convicted within the preceding five years of an offense 29 listed in paragraph (c) of subdivision four of this section that was 30 committed on or after September fifteenth, nineteen hundred eighty-five. 31 However, such disqualification shall be waived provided that the appli- 32 cant has been granted a certificate of [relief from disabilities or a33certificate of good conduct] restoration pursuant to article twenty- 34 three of the correction law. When the certificate is issued by a court 35 for a conviction which occurred in this state, it shall only be issued 36 by the court having jurisdiction over such conviction. Such certificate 37 shall specifically indicate that the authority granting such certificate 38 has considered the bearing, if any, the criminal offense or offenses for 39 which the person was convicted will have on the applicant's fitness or 40 ability to operate a bus transporting school children, prior to granting 41 such a certificate; 42 (a) permanently, if that person has been convicted of an offense list- 43 ed in paragraph (a) of subdivision four of this section. However, such 44 disqualification may be waived by the commissioner provided that five 45 years have expired since the applicant was discharged or released from a 46 sentence of imprisonment imposed pursuant to conviction of an offense 47 that requires disqualification under this paragraph and that the appli- 48 cant shall have been granted a certificate of [relief from disabilities49or a certificate of good conduct] restoration pursuant to article twen- 50 ty-three of the correction law. When the certificate is issued by a 51 court for a conviction which occurred in this state, it shall only be 52 issued by the court having jurisdiction over such conviction. Such 53 certificate shall specifically indicate that the authority granting such 54 certificate has considered the bearing, if any, the criminal offense or 55 offenses for which the person was convicted will have on the applicant's 56 fitness or ability to operate a bus transporting school children to theA. 4136--A 20 1 applicant's prospective employment, prior to granting such a certif- 2 icate. 3 (b) permanently, if that person has been convicted of an offense list- 4 ed in paragraph (b) of subdivision four of this section. However, such 5 disqualification shall be waived provided that five years have expired 6 since the applicant was incarcerated pursuant to a sentence of imprison- 7 ment imposed on conviction of an offense that requires disqualification 8 under this paragraph and that the applicant shall have been granted a 9 certificate of [relief from disabilities or a certificate of good10conduct] restoration pursuant to article twenty-three of the correction 11 law. When the certificate is issued by a court for a conviction which 12 occurred in this state, it shall only be issued by the court having 13 jurisdiction over such conviction. Such certificate shall specifically 14 indicate that the authority granting such certificate has considered the 15 bearing, if any, the criminal offense or offenses for which the person 16 was convicted will have on the applicant's fitness or ability to operate 17 a bus transporting school children, prior to granting such a certif- 18 icate. Provided, however, that at the discretion of the commissioner the 19 certificate of [relief from disabilities or a certificate of good20conduct] restoration pursuant to article twenty-three of the correction 21 law may remove disqualification at any time. 22 (i) has been convicted within the preceding five years of an offense 23 listed in paragraph (c) of subdivision four of this section. However, 24 notwithstanding the provisions of subdivision three of section seven 25 hundred one of the correction law[. Such], such disqualification shall 26 be waived provided that the applicant has been granted a certificate of 27 [relief from disabilities or a certificate of good conduct] restoration 28 pursuant to article twenty-three of the correction law. When the certif- 29 icate is issued by a court for a conviction which occurred in this 30 state, it shall only be issued by the court having jurisdiction over 31 such conviction. Such certificate shall specifically indicate that the 32 authority granting such certificate has considered the bearing, if any, 33 the criminal offense or offenses for which the person was convicted will 34 have on the applicant's fitness or ability to operate a bus transporting 35 school children, prior to granting such a certificate. 36 § 34. Subparagraph (iii) of paragraph d of subdivision 6 of section 37 510 of the vehicle and traffic law, as amended by section 29 of part LL 38 of chapter 56 of the laws of 2010, is amended to read as follows: 39 (iii) after such documentation, if required, is accepted, that such 40 person is granted a certificate of [relief from disabilities or a41certificate of good conduct] restoration pursuant to article twenty- 42 three of the correction law by the court in which such person was last 43 penalized. 44 § 35. Subparagraph (iii) of paragraph (c) of subdivision 2 of section 45 510-a of the vehicle and traffic law, as amended by section 30 of part 46 LL of chapter 56 of the laws of 2010, is amended to read as follows: 47 (iii) after such documentation, if required, is accepted, that such 48 person is granted a certificate of [relief from disabilities or a49certificate of good conduct] restoration pursuant to article twenty- 50 three of the correction law by the court in which such person was last 51 penalized. 52 § 36. Subdivision 5 of section 530 of the vehicle and traffic law, as 53 amended by section 31 of part LL of chapter 56 of the laws of 2010, is 54 amended to read as follows: 55 (5) A restricted use license or privilege shall be valid for the oper- 56 ation of any motor vehicle, except a vehicle for hire as a taxicab,A. 4136--A 21 1 livery, coach, limousine, van or wheelchair accessible van or tow truck 2 as defined in this chapter subject to the conditions set forth herein, 3 which the holder would otherwise be entitled to operate had his drivers 4 license or privilege not been suspended or revoked. Notwithstanding 5 anything to the contrary in a certificate of [relief from disabilities6or a certificate of good conduct] restoration issued pursuant to article 7 twenty-three of the correction law, a restricted use license shall not 8 be valid for the operation of a commercial motor vehicle. A restricted 9 use license shall not be valid for the operation of a vehicle for hire 10 as a taxicab, livery, coach, limousine, van or wheelchair accessible van 11 or tow truck where the holder thereof had his or her drivers license 12 suspended or revoked and (i) such suspension or revocation is mandatory 13 pursuant to the provisions of subdivision two or two-a of section five 14 hundred ten of this title; or (ii) any such suspension is permissive for 15 habitual or persistent violations of this chapter or any local law 16 relating to traffic as set forth in paragraph d or i of subdivision 17 three of section five hundred ten of this title; or (iii) any such 18 suspension is permissive and has been imposed by a magistrate, justice 19 or judge of any city, town or village, any supreme court justice, any 20 county judge, or judge of a district court. Except for a commercial 21 motor vehicle as defined in subdivision four of section five hundred 22 one-a of this title, the restrictions on types of vehicles which may be 23 operated with a restricted license contained in this subdivision shall 24 not be applicable to a restricted license issued to a person whose 25 license has been suspended pursuant to paragraph three of subdivision 26 four-e of section five hundred ten of this title. 27 § 37. Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of 28 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 29 by section 32 of part LL of chapter 56 of the laws of 2010, is amended 30 to read as follows: 31 (ii) that such person is granted a certificate of [relief from disa-32bilities or a certificate of good conduct] restoration pursuant to arti- 33 cle twenty-three of the correction law. 34 Provided, however, that the commissioner may, on a case by case basis, 35 refuse to restore a license which otherwise would be restored pursuant 36 to this item, in the interest of the public safety and welfare. 37 § 38. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of 38 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 39 by section 33 of part LL of chapter 56 of the laws of 2010, is amended 40 to read as follows: 41 (iii) after such documentation is accepted, that such person is grant- 42 ed a certificate of [relief from disabilities or a certificate of good43conduct] restoration pursuant to article twenty-three of the correction 44 law. 45 § 39. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193 46 of the vehicle and traffic law, as amended by section 34 of part LL of 47 chapter 56 of the laws of 2010, is amended to read as follows: 48 (1) Notwithstanding anything to the contrary contained in a certif- 49 icate of [relief from disabilities or a certificate of good conduct] 50 restoration issued pursuant to article twenty-three of the correction 51 law, where a suspension or revocation, other than a revocation required 52 to be issued by the commissioner, is mandatory pursuant to paragraph (a) 53 or (b) of this subdivision, the magistrate, justice or judge shall issue 54 an order suspending or revoking such license upon sentencing, and the 55 license holder shall surrender such license to the court. Except asA. 4136--A 22 1 hereinafter provided, such suspension or revocation shall take effect 2 immediately. 3 § 40. Item (iii) of clause a of subparagraph 3 of paragraph (e) of 4 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 5 by section 35 of part LL of chapter 56 of the laws of 2010, is amended 6 to read as follows: 7 (iii) after such documentation is accepted, that such person is grant- 8 ed a certificate of [relief from disabilities or a certificate of good9conduct] restoration pursuant to article twenty-three of the correction 10 law. 11 § 41. Item (iii) of clause c of subparagraph 1 of paragraph (d) of 12 subdivision 2 of section 1194 of the vehicle and traffic law, as amended 13 by section 37 of part LL of chapter 56 of the laws of 2010, is amended 14 to read as follows: 15 (iii) after such documentation is accepted, that such person is grant- 16 ed a certificate of [relief from disabilities or a certificate of good17conduct] restoration pursuant to article twenty-three of the correction 18 law by the court in which such person was last penalized. 19 § 42. Paragraph (g) of subdivision 7 of section 1196 of the vehicle 20 and traffic law, as amended by section 38 of part LL of chapter 56 of 21 the laws of 2010, is amended to read as follows: 22 (g) Notwithstanding anything to the contrary contained in a certif- 23 icate of [relief from disabilities or a certificate of good conduct] 24 restoration issued pursuant to article twenty-three of the correction 25 law, any conditional license or privilege issued to a person convicted 26 of a violation of any subdivision of section eleven hundred ninety-two 27 of this article shall not be valid for the operation of any commercial 28 motor vehicle. In addition, no such conditional license or privilege 29 shall be valid for the operation of a taxicab as defined in this chap- 30 ter. 31 § 43. Whenever the term "certificate of good conduct" or "certificate 32 of relief from disabilities" or any equivalent expression thereof is 33 used in any provision of law, either such term shall be deemed to mean 34 and refer to a certificate of restoration as established in this act. 35 § 44. Any certificate of relief from disabilities or certificate of 36 good conduct issued prior to the effective date of this act shall be 37 deemed the equivalent of a certificate of restoration and shall remain 38 in full force and effect on and after the effective date of this act. 39 Nothing in this act shall be read to invalidate a certificate of relief 40 from disabilities or a certificate of good conduct issued prior to the 41 effective date of this act. 42 § 45. This act shall take effect on the ninetieth day after it shall 43 have become a law, provided that the amendments to subdivision 5 of 44 section 530 of the vehicle and traffic law made by section thirty-six of 45 this act shall not affect the expiration of such subdivision and shall 46 be deemed to expire therewith.
