Bill Text: NY A06108 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to certificates of disabilities issued by courts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to correction [A06108 Detail]

Download: New_York-2019-A06108-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6108
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 28, 2019
                                       ___________
        Introduced by M. of A. MOSLEY -- read once and referred to the Committee
          on Correction
        AN ACT to amend the correction law, in relation to certificates of disa-
          bilities issued by courts
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of section 702  of  the  correction  law,  as
     2  amended  by  chapter  342  of  the  laws  of 1972, is amended to read as
     3  follows:
     4    2. Such certificate shall  [not]  be  issued  by  the  court  [unless]
     5  provided that the court is satisfied that:
     6    (a) The person to whom it is to be granted is an eligible offender, as
     7  defined in section seven hundred of this article;
     8    (b) The relief to be granted by the certificate is consistent with the
     9  rehabilitation of the eligible offender; and
    10    (c) The relief to be granted by the certificate is consistent with the
    11  public interest.
    12    §  2.  The  opening  paragraph  of subdivision 3 of section 703 of the
    13  correction law, as amended by section 34 of subpart B of part C of chap-
    14  ter 62 of the laws of 2011, is amended to read as follows:
    15    The department shall [not] issue [any] a certificate  of  relief  from
    16  disabilities  pursuant  to  subdivisions  one  or  two  of this section,
    17  [unless] provided that the department is satisfied that:
    18    § 3. Subdivision 2 of section 703-b of the correction law, as  amended
    19  by  section 35 of subpart B of part C of chapter 62 of the laws of 2011,
    20  is amended to read as follows:
    21    2. The department shall [have the power to]  issue  a  certificate  of
    22  good  conduct to any person previously convicted of a crime in any other
    23  jurisdiction, when the department is satisfied that:
    24    (a) The applicant has demonstrated that there exist specific facts and
    25  circumstances, and specific sections of New York state law that have  an
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10129-01-9

        A. 6108                             2
     1  adverse  impact  on the applicant and warrant the application for relief
     2  to be made in New York; and
     3    (b)  The  provisions of paragraphs (a), (b) and (c) of subdivision one
     4  of this section have been met.
     5    § 4. This act shall take effect immediately.
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