Bill Text: NY S03176 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to certificates of relief from disabilities issued by courts or by the department of corrections and community supervision.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-23 - ADVANCED TO THIRD READING [S03176 Detail]

Download: New_York-2023-S03176-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3176

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction

        AN  ACT  to  amend  the  correction  law, in relation to certificates of
          relief from disabilities

          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] when
     5  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. Subdivision 3 of section 703 of the correction law, as amended by
    13  section 34 of subpart B of part C of chapter 62 of the laws of 2011,  is
    14  amended to read as follows:
    15    3. The department shall [not] issue [any] a certificate of relief from
    16  disabilities  pursuant  to  subdivisions  one  or  two  of this section,
    17  [unless] when the department is satisfied that:
    18    (a) The person to whom it is to be granted is an eligible offender, as
    19  defined in section seven hundred of this article;
    20    (b) The relief to be granted by the certificate is consistent with the
    21  rehabilitation of the eligible offender; and
    22    (c) The relief to be granted by the certificate is consistent with the
    23  public interest.
    24    § 3. This act shall take effect on the ninetieth day  after  it  shall
    25  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01273-01-3