Bill Text: NY A02350 | 2021-2022 | General Assembly | Introduced

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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) 2022-01-05 - referred to correction [A02350 Detail]

Download: New_York-2021-A02350-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2350

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Correction

        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 once
     6  of 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
    16  offense  specified  therein.  Such  certificate may be limited to one or
    17  more enumerated forfeitures, disabilities or bars, or  may  relieve  the
    18  eligible  offender of all forfeitures, disabilities and bars. [Provided,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00520-01-1
        A. 2350                             2

     1  however, that no such certificate shall apply, or be construed so as  to
     2  apply,  to  the  right  of  such  person to retain or to be eligible for
     3  public office.]
     4    2. Notwithstanding any other provision of law, except subdivision five
     5  of  section  twenty-eight  hundred six of the public health law or para-
     6  graph (b) of subdivision two of section eleven hundred  ninety-three  of
     7  the  vehicle  and  traffic law, a conviction of a crime or of an offense
     8  specified in a certificate of  [relief  from  disabilities]  restoration
     9  shall  not  cause  automatic  forfeiture  of  any  license, other than a
    10  license issued pursuant to section 400.00 of the penal law to  a  person
    11  convicted  of a class A-I felony or a violent felony offense, as defined
    12  in subdivision one of section 70.02 of the penal  law,  permit,  employ-
    13  ment,  or  franchise,  including the right to register for or vote at an
    14  election, or automatic forfeiture of any other right or privilege,  held
    15  by  the eligible offender and covered by the certificate. Nor shall such
    16  conviction be deemed to be  a  conviction  within  the  meaning  of  any
    17  provision  of  law that imposes, by reason of a conviction, a bar to any
    18  employment, a disability to exercise any right, or a disability to apply
    19  for or to receive any license, permit, or other authority  or  privilege
    20  covered  by  the certificate; provided, however, that a conviction for a
    21  second or subsequent violation of  any  subdivision  of  section  eleven
    22  hundred  ninety-two  of the vehicle and traffic law committed within the
    23  preceding ten years shall impose a disability to apply for or receive an
    24  operator's license during the period provided in such law; and  provided
    25  further,  however, that a conviction for a class A-I felony or a violent
    26  felony offense, as defined in subdivision one of section  70.02  of  the
    27  penal  law,  shall impose a disability to apply for or receive a license
    28  or permit issued pursuant to section 400.00 of the penal law.
    29    3. A certificate of [relief from disabilities] restoration shall  not,
    30  however,  in  any way prevent any judicial, administrative, licensing or
    31  other body, board or authority from relying upon the  conviction  speci-
    32  fied therein as the basis for the exercise of its discretionary power to
    33  suspend,  revoke, refuse to issue or refuse to renew any license, permit
    34  or other authority or privilege.
    35    § 3.  Section 702 of the correction law, as amended by chapter 342  of
    36  the  laws  of 1972, the section heading as amended by chapter 931 of the
    37  laws of 1976, subdivision 1 as amended by chapter 488  of  the  laws  of
    38  2011,  subdivision 3 as amended by section 64 of part A of chapter 56 of
    39  the laws of 2010 and subdivisions 4 and 6 as amended by  section  32  of
    40  subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
    41  read as follows:
    42    § 702. Certificates of [relief from disabilities]  restoration  issued
    43  by  courts.  1. Any court of this state [may, in its discretion,] shall,
    44  absent a finding that  issuance  of  such  certificate  will  jeopardize
    45  public  safety, issue a certificate of [relief from disabilities] resto-
    46  ration at  the  time  of  sentencing  to  an  eligible  offender  for  a
    47  conviction that occurred in such court, if the court [either (a) imposed
    48  a  revocable sentence or (b)] imposed a sentence other than one executed
    49  by commitment to an institution under  the  jurisdiction  of  the  state
    50  department  of  corrections  and community supervision. Such certificate
    51  [may be] issued [(i)] at the time sentence is pronounced[, in which case
    52  it] may grant relief from forfeitures, as well as from disabilities[, or
    53  (ii) at any time thereafter, in which case it shall apply only to  disa-
    54  bilities].    Where  such  court  either imposes a revocable sentence or
    55  imposes a sentence other than one executed by commitment to an  institu-
    56  tion  under  the jurisdiction of the state department of corrections and
        A. 2350                             3

     1  community supervision, the court, upon  application  and  in  accordance
     2  with  subdivision  two  of  this  section, shall initially determine the
     3  fitness of an eligible offender for such certificate prior to or at  the
     4  time  sentence is pronounced. Where the court finds that issuance of the
     5  certificate at sentencing will jeopardize public  safety,  such  certif-
     6  icate shall be issued as follows:
     7    (a)  for  an offender who receives a revocable sentence, such offender
     8  shall be issued such certificate after serving one year of such  revoca-
     9  ble  sentence  imposed  by the court provided that such offender has not
    10  been convicted of a new crime during that time and is not the subject of
    11  an undisposed arrest. Such certificate shall apply only to disabilities.
    12  In order to receive such a certificate, the eligible offender must apply
    13  to the court in which they were sentenced.
    14    (b) for an offender who receives a definite sentence of  imprisonment,
    15  such  offender  shall  be issued such certificate one year after release
    16  from incarceration provided that such offender has not been convicted of
    17  a new crime during that time and is not the  subject  of  an  undisposed
    18  arrest.  Such certificate shall apply only to disabilities.  In order to
    19  receive such a certificate, the eligible  offender  must  apply  to  the
    20  court in which they were sentenced.
    21    In  calculating  the  one-year periods under paragraphs (a) and (b) of
    22  this subdivision, any period of time during which the person was  incar-
    23  cerated  for  any  reason between the time of conviction and the date on
    24  which the eligible offender becomes eligible for a certificate shall  be
    25  excluded and such one-year period shall be extended by a period or peri-
    26  ods equal to the time served under such incarceration.
    27    2.  [Such] The relief granted by such certificate shall [not be issued
    28  by the court unless the court is satisfied that:
    29    (a) The person to whom it is to be granted is an eligible offender, as
    30  defined in section seven hundred;
    31    (b) The relief to be granted by the certificate is] be consistent with
    32  the rehabilitation of the eligible offender[;] and
    33    [(c) The relief to be granted by the  certificate  is]  be  consistent
    34  with the public interest.
    35    3.  [Where  a certificate of relief from disabilities is not issued at
    36  the time sentence is pronounced it shall only be issued thereafter  upon
    37  verified  application  to  the  court. The court may, for the purpose of
    38  determining whether  such  certificate  shall  be  issued,  request  its
    39  probation  service  to  conduct an investigation of the applicant, or if
    40  the court has no probation service it may request the probation  service
    41  of  the  county  court  for  the county in which the court is located to
    42  conduct such investigation. Any probation officer requested to  make  an
    43  investigation  pursuant  to this section shall prepare and submit to the
    44  court a written report in accordance with such request.
    45    4.] Where the court has imposed a revocable sentence and  the  certif-
    46  icate  of  [relief from disabilities] restoration is issued prior to the
    47  expiration or termination of the time which the court  may  revoke  such
    48  sentence,  the certificate shall be deemed to be a temporary certificate
    49  until such time as the court's authority  to  revoke  the  sentence  has
    50  expired  or  is terminated. While temporary, such certificate (a) may be
    51  revoked by the court for violation of the conditions  of  the  sentence,
    52  and  (b)  shall  be  revoked by the court if it revokes the sentence and
    53  commits the person to an institution under the jurisdiction of the state
    54  department of corrections and community supervision. Any such revocation
    55  shall be upon notice and after  an  opportunity  to  be  heard.  If  the
    56  certificate  is  not so revoked, it shall become a permanent certificate
        A. 2350                             4

     1  upon expiration or termination of the court's authority  to  revoke  the
     2  sentence.
     3    [5]  4.  Any court that has issued a certificate of [relief from disa-
     4  bilities] restoration may at any time issue a new certificate to enlarge
     5  the relief previously granted, provided, however, that the provisions of
     6  subdivisions one through [four] three of this section shall apply to the
     7  issuance of any such new certificate.
     8    [6.] 5. Any written report submitted to the court  [pursuant  to]  for
     9  the  purposes of this section is confidential and may not be made avail-
    10  able to any person or public or private agency except where specifically
    11  required or permitted by statute or upon specific authorization  of  the
    12  court. However, upon the court's receipt of such report, the court shall
    13  provide a copy of such report, or direct that such report be provided to
    14  the  applicant's attorney, or the applicant himself, if he or she has no
    15  attorney. In its discretion, the court may except from disclosure a part
    16  or parts of the report which are not  relevant  to  the  granting  of  a
    17  certificate,  or  sources  of  information which have been obtained on a
    18  promise of confidentiality, or any other portion thereof, disclosure  of
    19  which  would  not be in the interest of justice. The action of the court
    20  excepting information from disclosure  shall  be  subject  to  appellate
    21  review.  The  court,  in  its  discretion, may hold a conference in open
    22  court or in chambers to afford an applicant an opportunity to controvert
    23  or to comment upon any portions  of  the  report.  The  court  may  also
    24  conduct  a  summary  hearing at the conference on any matter relevant to
    25  the granting of the application and may take testimony under oath.
    26    § 4. Section 703 of the correction law, as amended by  section  34  of
    27  subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
    28  read as follows:
    29    § 703. Certificates of [relief from disabilities]  restoration  issued
    30  by  the  department  of  corrections  and  community supervision. 1. The
    31  department of corrections and  community  supervision  shall  [have  the
    32  power  to] issue a certificate of [relief from disabilities] restoration
    33  to:
    34    (a) any eligible offender who has been  committed  to  an  institution
    35  under the jurisdiction of the state department of corrections and commu-
    36  nity  supervision who successfully earned merit time or a certificate of
    37  earned eligibility during their period of incarceration.   Such  certif-
    38  icate  [may]  shall be issued by the department at the time the offender
    39  is released from such institution under the department's supervision [or
    40  otherwise or at any time thereafter]. If such eligible offender did  not
    41  earn  merit  time  or  a certificate of earned eligibility, the board of
    42  parole shall issue  such  certificate  at  the  time  of  such  eligible
    43  offender's release to community supervision unless it is determined that
    44  the issuance of such certificate would jeopardize public safety. If such
    45  certificate  is  not  issued  upon  such  eligible offender's release to
    46  community supervision, such offender shall be issued  a  certificate  by
    47  the  board  of  parole  after two years of unrevoked parole, conditional
    48  release or post-release supervision.  Such individual shall apply to the
    49  board of parole in order to receive such certificate.
    50    In calculating the two-year period under this paragraph, any period of
    51  time during which the person was incarcerated for any reason between the
    52  time of conviction and the date on which the eligible  offender  becomes
    53  eligible  for  a  certificate shall be excluded and such two-year period
    54  shall be extended by a period or periods equal to the time served  under
    55  such incarceration;
        A. 2350                             5

     1    (b)  any  eligible  offender  who  resides within this state and whose
     2  judgment of conviction was rendered by a court in any other jurisdiction
     3  where such eligible offender applies for such certificate, is not incar-
     4  cerated at the time of the application and is not subject to  an  undis-
     5  posed arrest, unless the board of parole determines that the issuance of
     6  such  certificate  would  jeopardize  public safety. If a certificate of
     7  restoration is not issued at the time  of  the  application,  the  board
     8  shall  issue  a certificate to such eligible offender one year after the
     9  date of the application where the  judgment  of  conviction  was  for  a
    10  misdemeanor  and  two  years after the date of the application where the
    11  judgment of conviction was for a felony, provided that such offender has
    12  not been convicted of a new crime and is not the subject  of  an  undis-
    13  posed arrest.
    14    2. Where the department has issued a certificate of [relief from disa-
    15  bilities]  restoration,  the  department  may  at  any  time issue a new
    16  certificate enlarging the relief previously granted.
    17    3. The relief granted by the department [shall not  issue  any]  in  a
    18  certificate  of  [relief  from  disabilities]  restoration  pursuant  to
    19  [subdivisions] subdivision one or two[, unless the department is  satis-
    20  fied that:
    21    (a) The person to whom it is to be granted is an eligible offender, as
    22  defined in section seven hundred;
    23    (b)  The  relief  to be granted by the certificate is] of this section
    24  shall be consistent with the rehabilitation of the eligible  offender[;]
    25  and
    26    [(c)  The  relief  to  be granted by the certificate is] be consistent
    27  with the public interest.
    28    4. Any certificate of [relief from disabilities] restoration issued by
    29  the department to an eligible offender who at time of  the  issuance  of
    30  the  certificate  is under the department's supervision, shall be deemed
    31  to be a temporary certificate until such time as the  eligible  offender
    32  is  discharged  from the department's supervision, and, while temporary,
    33  such certificate may be revoked by the department for violation  of  the
    34  conditions  of community supervision. Revocation shall be upon notice to
    35  the releasee, who shall  be  accorded  an  opportunity  to  explain  the
    36  violation  prior  to  decision  thereon.  If  the  certificate is not so
    37  revoked, it shall become a  permanent  certificate  upon  expiration  or
    38  termination of the department's jurisdiction over the individual.
    39    5. In granting or revoking a certificate of [relief from disabilities]
    40  restoration  the  action  of  the  department shall be deemed a judicial
    41  function and shall not be reviewable if done according to law.
    42    6. For the purpose of determining whether such  certificate  shall  be
    43  issued, the department may conduct an investigation of the applicant.
    44    7. Presumption based on federal recommendation. Where a certificate of
    45  [relief  from  disabilities] restoration is sought pursuant to paragraph
    46  (b) of subdivision one of this  section  on  a  judgment  of  conviction
    47  rendered by a federal district court in this state and the department is
    48  in  receipt of a written recommendation in favor of the issuance of such
    49  certificate from the  chief  probation  officer  of  the  district,  the
    50  department  shall  issue the requested certificate, unless it finds that
    51  the requirements of [paragraphs (a), (b) and (c) of]  subdivision  three
    52  of  this  section  have  not  been  satisfied;  or that the interests of
    53  justice would not be advanced by the issuance of the certificate.
    54    § 5. Section 703-a of the correction law is REPEALED.
    55    § 6. Section 703-b of the correction law is REPEALED.
        A. 2350                             6

     1    § 7. Section 704 of the correction law, as added by chapter 654 of the
     2  laws of 1966, is amended to read as follows:
     3    §  704.  Effect of revocation; use of revoked certificate.  1. Where a
     4  certificate of [relief from disabilities] restoration is  deemed  to  be
     5  temporary  and such certificate is revoked, disabilities and forfeitures
     6  thereby relieved shall be reinstated as  of  the  date  upon  which  the
     7  person  to  whom  the  certificate was issued receives written notice of
     8  such revocation. Any such person  shall  upon  receipt  of  such  notice
     9  surrender the certificate to the issuing court or board.
    10    2.  A  person who knowingly uses or attempts to use, a revoked certif-
    11  icate of [relief from disabilities] restoration in order to obtain or to
    12  exercise any right or privilege that he would not be entitled to  obtain
    13  or  to  exercise without a valid certificate shall be guilty of a misde-
    14  meanor.
    15    3. Where a certificate of restoration has been revoked,  the  offender
    16  shall  be  eligible  for  a  new certificate in accordance with sections
    17  seven hundred two and seven hundred three of this article as applicable.
    18    § 8. Section 705 of the correction law, as amended by  section  36  of
    19  subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
    20  read as follows:
    21    § 705. Forms and filing. 1. All applications, certificates and  orders
    22  of  revocation  necessary for the purposes of this article shall be upon
    23  forms prescribed pursuant to agreement among the state  commissioner  of
    24  corrections  and  community supervision, the chairman of the state board
    25  of parole and the administrator of the state judicial  conference.  Such
    26  forms relating to certificates of [relief from disabilities] restoration
    27  shall  be distributed by the office of probation and correctional alter-
    28  natives and [forms relating to certificates of  good  conduct  shall  be
    29  distributed]  by  the  commissioner of the department of corrections and
    30  community supervision.
    31    2. Any court or department issuing or revoking any certificate  pursu-
    32  ant to this article shall immediately file a copy of the certificate, or
    33  of  the  order of revocation, with the New York state identification and
    34  intelligence system.
    35    § 9. Subdivision 3 of section 175 of the executive law, as amended  by
    36  section  2  of  part LL of chapter 56 of the laws of 2010, is amended to
    37  read as follows:
    38    3. Upon a showing by the attorney general in  an  application  for  an
    39  injunction that any person engaged in solicitation has been convicted in
    40  this  state  or  elsewhere of a felony or of a misdemeanor involving the
    41  misappropriation, misapplication or misuse of the money or  property  of
    42  another, and who has not, subsequent to such conviction, received execu-
    43  tive  pardon therefor or a certificate of [relief from disabilities or a
    44  certificate of good conduct] restoration  pursuant  to  article  twenty-
    45  three  of  the  correction  law, the supreme court, after a hearing, may
    46  enjoin such person from engaging in any solicitation.
    47    § 10. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
    48  amended by section 24 of part LL of chapter 56 of the laws of  2010,  is
    49  amended to read as follows:
    50    (c)  If  a person convicted of a felony or crime deemed hereby to be a
    51  felony is subsequently pardoned by the governor of the state where  such
    52  conviction  was  had, or by the president of the United States, or shall
    53  receive a certificate of [relief from disabilities or a  certificate  of
    54  good  conduct]  restoration  pursuant  to  article  twenty-three  of the
    55  correction law for the purpose of removing  the  disability  under  this
    56  section  because  of  such  conviction,  the  tax commission may, in its
        A. 2350                             7

     1  discretion, on application of such person and compliance  with  subdivi-
     2  sion  two  of  this section, and on the submission to it of satisfactory
     3  evidence of good moral character and suitability,  again  register  such
     4  person as a distributor under this article.
     5    §  11.  Subdivision 2 of section 102 of the alcoholic beverage control
     6  law, as amended by section 1 of part OO of chapter 56  of  the  laws  of
     7  2010,  the  opening paragraph as separately amended by section 3 of part
     8  LL of chapter 56 of the laws of 2010 and  paragraph  (g)  as  separately
     9  amended  by  chapter  232  of  the  laws  of 2010, is amended to read as
    10  follows:
    11    2. No person holding any license hereunder, other than  a  license  to
    12  sell  an  alcoholic beverage at retail for off-premises consumption or a
    13  license or special license to sell an alcoholic beverage at  retail  for
    14  consumption  on  the  premises where such license authorizes the sale of
    15  liquor, beer and/or wine on the premises of  a  catering  establishment,
    16  hotel,  restaurant,  club,  or  recreational  facility,  shall knowingly
    17  employ in connection with his or her business in any capacity  whatsoev-
    18  er,  any  person,  who  has  been  convicted  of a felony, or any of the
    19  following offenses, who has not subsequent to such  conviction  received
    20  an  executive  pardon  therefor removing any civil disabilities incurred
    21  thereby, a certificate of [relief from disabilities or a certificate  of
    22  good  conduct]  restoration  pursuant  to  article  twenty-three  of the
    23  correction law, or other relief from disabilities provided  by  law,  or
    24  the  written  approval  of  the  state  liquor authority permitting such
    25  employment, to wit:
    26    (a) Illegally using, carrying or possessing a pistol or other  danger-
    27  ous weapon;
    28    (b) Making or possessing burglar's instruments;
    29    (c) Buying or receiving or criminally possessing stolen property;
    30    (d) Unlawful entry of a building;
    31    (e) Aiding escape from prison;
    32    (f)  Unlawfully  possessing  or  distributing  habit  forming narcotic
    33  drugs;
    34    (g) Violating subdivisions six, ten or eleven of section seven hundred
    35  twenty-two of the former penal law as in force  and  effect  immediately
    36  prior  to  September  first,  nineteen hundred sixty-seven, or violating
    37  [sections] section 165.25 or 165.30 of the penal law;
    38    (h) Vagrancy or prostitution; or
    39    (i) Ownership, operation, possession, custody or control  of  a  still
    40  subsequent to July first, nineteen hundred fifty-four.
    41    If,  as  hereinabove  provided,  the state liquor authority issues its
    42  written approval for the employment by a licensee, in a specified capac-
    43  ity, of a person previously convicted of a felony or any of the offenses
    44  above enumerated, such person, may, unless he  or  she  is  subsequently
    45  convicted of a felony or any of such offenses, thereafter be employed in
    46  the  same  capacity  by  any  other licensee without the further written
    47  approval of the authority unless the prior approval given by the author-
    48  ity is terminated.
    49    The liquor authority may make such rules  as  it  deems  necessary  to
    50  carry out the purpose and intent of this subdivision.
    51    As  used  in this subdivision, "recreational facility" shall mean: (i)
    52  premises that are part of a facility the  principal  business  of  which
    53  shall  be the providing of recreation in the form of golf, tennis, swim-
    54  ming, skiing or boating; and (ii) premises in which the principal  busi-
    55  ness  shall  be  the  operation of a theatre, concert hall, opera house,
    56  bowling establishment, excursion and  sightseeing  vessel,  or  accommo-
        A. 2350                             8

     1  dation  of athletic events, sporting events, expositions and other simi-
     2  lar events or occasions requiring the accommodation of large  gatherings
     3  of persons.
     4    §  12.  Paragraph (d) of subdivision 1 of section 110 of the alcoholic
     5  beverage control law, as amended by chapter 114 of the laws of 2000,  is
     6  amended to read as follows:
     7    (d)  A statement that such applicant or the applicant's spouse has not
     8  been convicted of a crime addressed by the  provisions  of  section  one
     9  hundred  twenty-six  of  this  article  which would forbid the applicant
    10  (including any officers, directors, shareholders or partners  listed  in
    11  the statement of identity under paragraph (a) of this subdivision or the
    12  spouse of such person) or the applicant's spouse to traffic in alcoholic
    13  beverages, a statement whether or not the applicant (including any offi-
    14  cers,  directors,  shareholders  or  partners listed in the statement of
    15  identity under paragraph (a) of this subdivision or the  spouse  of  any
    16  such  person)  or  the  applicant's  spouse  is an official described in
    17  section one hundred twenty-eight of this article, and a  description  of
    18  any  crime that the applicant (including any officers, directors, share-
    19  holders or partners listed under paragraph (a) of  this  subdivision  or
    20  the  spouse  of  any  such  person)  or  the applicant's spouse has been
    21  convicted of and whether such person has received a pardon,  certificate
    22  of   [good   conduct   or   certificate  of  relief  from  disabilities]
    23  restoration; provided, however, that  no  person  shall  be  denied  any
    24  license solely on the grounds that such person is the spouse of a person
    25  otherwise disqualified from holding a license under this chapter.
    26    § 13. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
    27  age  control  law,  as  amended  by section 50 of subpart B of part C of
    28  chapter 62 of the laws of 2011, are amended to read as follows:
    29    1. Except as provided in subdivision one-a of this section,  a  person
    30  who  has been convicted of a felony or any of the misdemeanors mentioned
    31  in section eleven hundred forty-six of the former penal law as in  force
    32  and  effect  immediately  prior  to  September  first,  nineteen hundred
    33  sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
    34  penal law, unless subsequent to such conviction such person  shall  have
    35  received  an  executive  pardon  therefor  removing  this  disability, a
    36  certificate of [good conduct granted by the  department  of  corrections
    37  and community supervision, or a certificate of relief from disabilities]
    38  restoration  granted  by  the  department  of  corrections and community
    39  supervision or a court of this state pursuant to the provisions of arti-
    40  cle twenty-three of the correction law to remove  the  disability  under
    41  this section because of such conviction.
    42    1-a. Notwithstanding the provision of subdivision one of this section,
    43  a  corporation holding a license to traffic in alcoholic beverages shall
    44  not, upon conviction of a felony or any of the misdemeanors or  offenses
    45  described in subdivision one of this section, be automatically forbidden
    46  to  traffic in alcoholic beverages, but the application for a license by
    47  such a corporation shall be subject to denial, and the license of such a
    48  corporation shall be subject to revocation or suspension by the authori-
    49  ty pursuant to section one hundred eighteen of this  [chapter]  article,
    50  consistent   with  the  provisions  of  article  twenty-three-A  of  the
    51  correction law. For any felony conviction by a court other than a  court
    52  of  this  state, the authority may request the department of corrections
    53  and community supervision  to  investigate  and  review  the  facts  and
    54  circumstances  concerning  such a conviction, and such department shall,
    55  if so requested, submit its findings to the authority as to whether  the
    56  corporation  has  conducted  itself  in a manner such that discretionary
        A. 2350                             9

     1  review by the authority would not be inconsistent with the public inter-
     2  est. The department of corrections and community supervision may  charge
     3  the  licensee or applicant a fee equivalent to the expenses of an appro-
     4  priate investigation under this subdivision. For any conviction rendered
     5  by  a court of this state, the authority may request the corporation, if
     6  the corporation is eligible for a certificate of [relief from  disabili-
     7  ties]  restoration,  to  seek  such  a certificate [from the court which
     8  rendered the conviction] in accordance with article twenty-three of  the
     9  correction  law and to submit such a certificate as part of the authori-
    10  ty's discretionary review process.
    11    4. A copartnership or a corporation, unless each member of  the  part-
    12  nership,  or  each of the principal officers and directors of the corpo-
    13  ration, is a citizen of the United States or an alien lawfully  admitted
    14  for  permanent  residence in the United States, not less than twenty-one
    15  years of age, and has not been convicted of any felony  or  any  of  the
    16  misdemeanors,  specified  in  section  eleven  hundred  forty-six of the
    17  former penal law as in force and effect immediately prior  to  September
    18  first, nineteen hundred sixty-seven, or of an offense defined in section
    19  230.20  or  230.40  of  the  penal law, or if so convicted has received,
    20  subsequent to such conviction, an  executive  pardon  therefor  removing
    21  this  disability,  a certificate of [good conduct granted by the depart-
    22  ment of corrections and  community  supervision,  or  a  certificate  of
    23  relief  from  disabilities]  restoration  granted  by  the department of
    24  corrections and community supervision or a court of this state  pursuant
    25  to  the  provisions  of  article  twenty-three  of the correction law to
    26  remove the disability under this section  because  of  such  conviction;
    27  provided  however  that  a  corporation  which otherwise conforms to the
    28  requirements of this section and chapter may be licensed if each of  its
    29  principal  officers and more than one-half of its directors are citizens
    30  of the United States or aliens lawfully admitted for permanent residence
    31  in the United States; and provided further that a corporation  organized
    32  under  the  not-for-profit  corporation  law  or the education law which
    33  otherwise conforms to the requirements of this section and  chapter  may
    34  be  licensed if each of its principal officers and more than one-half of
    35  its directors are not less than twenty-one years of age and none of  its
    36  directors are less than eighteen years of age; and provided further that
    37  a  corporation organized under the not-for-profit corporation law or the
    38  education law and located on the premises of a  college  as  defined  by
    39  section  two  of  the  education  law  which  otherwise  conforms to the
    40  requirements of this section and chapter may be licensed if each of  its
    41  principal  officers and each of its directors are not less than eighteen
    42  years of age.
    43    § 14. Subdivision 4 of section 96-z-3 of the agriculture  and  markets
    44  law,  as  amended  by  section 4 of part LL of chapter 56 of the laws of
    45  2010, is amended to read as follows:
    46    (4) applicant, an officer, director, partner, or  holder  of  ten  per
    47  centum or more of the voting stock of an applicant has been convicted of
    48  a felony by a court of the United States or any state or territory ther-
    49  eof,  without  subsequent  pardon  by  the governor or other appropriate
    50  authority  of  the  state  or  jurisdiction  in  which  such  conviction
    51  occurred,  or  the receipt of a certificate of [relief from disabilities
    52  or a certificate of good conduct] restoration pursuant to article  twen-
    53  ty-three of the correction law,
    54    § 15. Paragraph (d) of subdivision 4 of section 129 of the agriculture
    55  and markets law, as amended by section 5 of part LL of chapter 56 of the
    56  laws of 2010, is amended to read as follows:
        A. 2350                            10

     1    (d)  The  applicant or registrant, or an officer, director, partner or
     2  holder of ten per centum or more of the voting stock of the applicant or
     3  registrant, has been convicted of a felony by  a  court  of  the  United
     4  States  or  any state or territory thereof, without subsequent pardon by
     5  the governor or other appropriate authority of the state or jurisdiction
     6  in  which  such  conviction  occurred,  or  receipt  of a certificate of
     7  [relief from disabilities or a certificate of good conduct]  restoration
     8  pursuant to article twenty-three of the correction law;
     9    §  16.  Paragraph  (c)  of subdivision 2 of section 2897 of the public
    10  health law, as amended by section 21 of part LL of  chapter  56  of  the
    11  laws of 2010, is amended to read as follows:
    12    (c)  If  a person convicted of a felony or crime deemed hereby to be a
    13  felony is subsequently pardoned by the governor of the state where  such
    14  conviction  was  had, or by the president of the United States, or shall
    15  receive a certificate of [relief from disabilities or a  certificate  of
    16  good  conduct]  restoration  pursuant  to  article  twenty-three  of the
    17  correction law for the purpose of removing  the  disability  under  this
    18  section because of such conviction, the board may, in its discretion, on
    19  application  of such person, and on the submission to it of satisfactory
    20  evidence, restore to such person the  right  to  practice  nursing  home
    21  administration in this state.
    22    §  17. Section 3454 of the public health law, as amended by section 22
    23  of part LL of chapter 56 of the laws of 2010,  is  amended  to  read  as
    24  follows:
    25    §  3454.  Restoration  of  licenses after conviction of a felony. If a
    26  person convicted of a felony or crime deemed to be a  felony  is  subse-
    27  quently  pardoned by the governor of the state where such conviction was
    28  had or by the president of the United States, or shall receive a certif-
    29  icate of [relief from disabilities or a  certificate  of  good  conduct]
    30  restoration  pursuant  to  article twenty-three of the correction law to
    31  remove the disability under this section because of such conviction, the
    32  commissioner may, in his or  her  discretion,  on  application  of  such
    33  person,  and  on  the submission to him or her of satisfactory evidence,
    34  restore to such person the right to practice in this state.
    35    § 18. Paragraph (a) of subdivision 2 of section  3510  of  the  public
    36  health  law,  as added by chapter 175 of the laws of 2006, is amended to
    37  read as follows:
    38    (a) No person convicted of a felony shall continue to hold  a  license
    39  to  practice radiologic technology, unless he or she has been granted an
    40  executive pardon, a  certificate  of  [relief  from  disabilities  or  a
    41  certificate  of  good  conduct]  restoration  for  such  felony and, the
    42  commissioner, in his or  her  discretion,  restores  the  license  after
    43  determining that the individual does not pose a threat to patient health
    44  and safety.
    45    § 19. Paragraph b of subdivision 5 of section 84-a of the town law, as
    46  amended  by  section 10 of part LL of chapter 56 of the laws of 2010, is
    47  amended to read as follows:
    48    b. On the reverse side of such envelope shall be printed the following
    49  statement:
    50                          STATEMENT OF ABSENTEE VOTER
    51    I do declare that I will have been a citizen of the United States  for
    52  thirty  days, and will be at least eighteen years of age, on the date of
    53  the special town election; that I will have  been  a  resident  of  this
    54  state  and  of  the  town shown on the reverse side of this envelope for
    55  thirty days next preceding the said election; that I am or on such  date
    56  will  be,  a  registered  voter  of  said town; that I will be unable to
        A. 2350                            11

     1  appear personally on the day of said special town election at the  poll-
     2  ing  place of the election district in which I am or will be a qualified
     3  voter because of the reason stated on my application heretofore  submit-
     4  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
     5  as set forth on the reverse side of  this  envelope;  that  I  have  not
     6  received or offered, do not expect to receive, have not paid, offered or
     7  promised  to  pay,  contributed,  offered  or  promised to contribute to
     8  another to be paid or used, any money or  other  valuable  thing,  as  a
     9  compensation  or  reward for the giving or withholding of a vote at this
    10  special town election, and have not made any promise  to  influence  the
    11  giving  or withholding of any such votes; that I have not made or become
    12  directly or indirectly interested in any bet or wager depending upon the
    13  result of this special town election; and that I have not been convicted
    14  of bribery or any infamous crime, or, if so convicted, that I have  been
    15  pardoned or restored to all the rights of a citizen, without restriction
    16  as  to  the right of suffrage, or received a certificate of [relief from
    17  disabilities or a certificate of good conduct] restoration  pursuant  to
    18  article  twenty-three  of  the  correction law removing my disability to
    19  register and vote or my maximum sentence of imprisonment has expired.
    20    I hereby declare that the foregoing is a true statement to the best of
    21  my knowledge and belief, and I understand that if I  make  any  material
    22  false statement in the foregoing statement of absentee voter, I shall be
    23  guilty of a misdemeanor.
    24      Date.............. Signature of Voter..................
    25    §  20.  Paragraph b of subdivision 5 of section 175-b of the town law,
    26  as amended by section 11 of part LL of chapter 56 of the laws  of  2010,
    27  is amended to read as follows:
    28    b.   On the reverse side of such envelope shall be printed the follow-
    29  ing statement:
    30                         STATEMENT OF ABSENTEE VOTER
    31    I do declare that I will have been a citizen of the United States  for
    32  thirty  days, and will be at least eighteen years of age, on the date of
    33  the district election; that I will have been a resident  of  this  state
    34  and  of  the district if any, shown on the reverse side of this envelope
    35  for thirty days next preceding the said election and that  I  am  or  on
    36  such  date  will be, a registered voter of said district; that I will be
    37  unable to appear personally on the day of said district election at  the
    38  polling  place of the said district in which I am or will be a qualified
    39  voter because of the reason stated on my application heretofore  submit-
    40  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
    41  as set forth on the reverse side of  this  envelope;  that  I  have  not
    42  received or offered, do not expect to receive, have not paid, offered or
    43  promised  to  pay,  contributed,  offered  or  promised to contribute to
    44  another to be paid or used, any money or  other  valuable  thing,  as  a
    45  compensation  or  reward for the giving or withholding of a vote at this
    46  district election, and have not made any promise to influence the giving
    47  or withholding of any such votes; that I have not made or become direct-
    48  ly or indirectly interested in any  bet  or  wager  depending  upon  the
    49  result  of this district election; and that I have not been convicted of
    50  bribery or any infamous crime, or, if so convicted,  that  I  have  been
    51  pardoned or restored to all the rights of a citizen, without restriction
    52  as  to  the right of suffrage, or received a certificate of [relief from
    53  disabilities or a certificate of good conduct] restoration  pursuant  to
    54  article  twenty-three  of  the  correction law removing my disability to
    55  register and vote or my maximum sentence of imprisonment has expired.
        A. 2350                            12

     1    I hereby declare that the foregoing is a true statement to the best of
     2  my knowledge and belief, and I understand that if I  make  any  material
     3  false statement in the foregoing statement of absentee voter, I shall be
     4  guilty of a misdemeanor.
     5    Date..............Signature of Voter..................
     6    §  21.  Paragraph b of subdivision 5 of section 213-b of the town law,
     7  as amended by section 12 of part LL of chapter 56 of the laws  of  2010,
     8  is amended to read as follows:
     9    b.   On the reverse side of such envelope shall be printed the follow-
    10  ing statement:
    11                          STATEMENT OF ABSENTEE VOTER

    12    I do declare that I will have been a citizen of the United States  for
    13  thirty  days, and will be at least eighteen years of age, on the date of
    14  the district election; that I will have been a resident  of  this  state
    15  and  of  the district if any, shown on the reverse side of this envelope
    16  for thirty days next preceding the said election and that  I  am  or  on
    17  such  date  will be, a registered voter of said district; that I will be
    18  unable to appear personally on the day of said district election at  the
    19  polling  place of the said district in which I am or will be a qualified
    20  voter because of the reason stated on my application heretofore  submit-
    21  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
    22  as set forth on the reverse side of  this  envelope;  that  I  have  not
    23  received or offered, do not expect to receive, have not paid, offered or
    24  promised  to  pay,  contributed,  offered  or  promised to contribute to
    25  another to be paid or used, any money or  other  valuable  thing,  as  a
    26  compensation  or  reward for the giving or withholding of a vote at this
    27  district election, and have not made any promise to influence the giving
    28  or withholding of any such votes; that I have not made or become direct-
    29  ly or indirectly interested in any  bet  or  wager  depending  upon  the
    30  result  of this district election; and that I have not been convicted of
    31  bribery or any infamous crime, or, if so convicted,  that  I  have  been
    32  pardoned or restored to all the rights of a citizen, without restriction
    33  as  to  the right of suffrage, or received a certificate of [relief from
    34  disabilities or a certificate of good conduct] restoration  pursuant  to
    35  article  twenty-three  of  the  correction law removing my disability to
    36  register and vote or my maximum sentence of imprisonment has expired.
    37    I hereby declare that the foregoing is a true statement to the best of
    38  my knowledge and belief, and I understand that if I  make  any  material
    39  false statement in the foregoing statement of absentee voter, I shall be
    40  guilty of a misdemeanor.
    41       Date............. Signature of Voter ..............................
    42    §  22. Paragraph b of subdivision 5 of section 2018-a of the education
    43  law, as amended by section 8 of part LL of chapter 56  of  the  laws  of
    44  2010, is amended to read as follows:
    45    b. On the reverse side of such envelope shall be printed the following
    46  statement:

    47                         STATEMENT OF ABSENTEE VOTER

    48    I  do declare that I am a citizen of the United States, and will be at
    49  least eighteen years  of  age,  on  the  date  of  the  school  district
    50  election;  that  I  will  have  been a resident of this state and of the
    51  school district and school election  district,  if  any,  shown  on  the
    52  reverse  side  of  this envelope for thirty days next preceding the said
    53  election and duly registered in the school district and school  election
        A. 2350                            13

     1  district,  if any, shown on the reverse side of this envelope and that I
     2  am or on such date will be, a qualified voter of said  school  district;
     3  that  I  will  be  unable to appear personally on the day of said school
     4  district  election  at the polling place of the said district in which I
     5  am or will be a qualified voter because  of  the  reason  stated  on  my
     6  application  heretofore  submitted;  that  I have not qualified, or do I
     7  intend to vote, elsewhere than as set forth on the reverse side of  this
     8  envelope; that I have not received or offered, do not expect to receive,
     9  have not paid, offered or promised to pay, contributed, offered or prom-
    10  ised  to  contribute  to  another to be paid or used, any money or other
    11  valuable thing, as a compensation or reward for the giving or  withhold-
    12  ing  of  a  vote at this school district election, and have not made any
    13  promise to influence the giving or withholding of any such votes; that I
    14  have not made or become directly or indirectly interested in any bet  or
    15  wager  depending  upon  the result of this school district election; and
    16  that I have not been convicted of bribery or any infamous crime, or,  if
    17  so convicted, that I have been pardoned or restored to all the rights of
    18  a  citizen, without restriction as to the right of suffrage, or received
    19  a certificate of [relief from disabilities  or  a  certificate  of  good
    20  conduct]  restoration pursuant to article twenty-three of the correction
    21  law removing my disability to register and vote or my  maximum  sentence
    22  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    § 23. Paragraph b of subdivision 6 of section 2018-b of the  education
    29  law,  as  amended  by  section 9 of part LL of chapter 56 of the laws of
    30  2010, is amended to read as follows:
    31    b. On the reverse side of such envelope shall be printed the following
    32  statement:

    33                         STATEMENT OF ABSENTEE VOTER

    34    I do declare that I am a citizen of the United States, and will be  at
    35  least eighteen years of age on the date of the school district election;
    36  that  I  will  have  been  a  resident  of  this state and of the school
    37  district and school election district, if any, shown on the reverse side
    38  of this envelope for thirty days next preceding the  said  election  and
    39  that  I  am  or  on  such date will be, a qualified voter of said school
    40  district; that I will be unable to appear personally on the day of  said
    41  school  district  election  at the polling place of the said district in
    42  which I am or will be a qualified voter because of the reason stated  on
    43  my  application heretofore submitted; that I have not qualified, or do I
    44  intend to vote, elsewhere than as set forth on the reverse side of  this
    45  envelope; that I have not received or offered, do not expect to receive,
    46  have not paid, offered or promised to pay, contributed, offered or prom-
    47  ised  to  contribute  to  another to be paid or used, any money or other
    48  valuable thing, as a compensation or reward for the giving or  withhold-
    49  ing  of  a  vote at this school district election, and have not made any
    50  promise to influence the giving or withholding of any such votes; that I
    51  have not made or become directly or indirectly interested in any bet  or
    52  wager  depending  upon  the result of this school district election; and
        A. 2350                            14

     1  that I have not been convicted of bribery or any infamous crime, or,  if
     2  so convicted, that I have been pardoned or restored to all the rights of
     3  a  citizen,  without  restriction  as  to the right of suffrage, or have
     4  received  a certificate of [relief from disabilities or a certificate of
     5  good conduct]  restoration  pursuant  to  article  twenty-three  of  the
     6  correction  law removing my disability to vote or my maximum sentence of
     7  imprisonment has expired.

     8    I hereby declare that the foregoing is a true statement to the best of
     9  my knowledge and belief, and I understand that if I  make  any  material
    10  false statement in the foregoing statement of absentee voter, I shall be
    11  guilty of a misdemeanor.

    12    Date....................Signature of Voter ...........................

    13    §  24.  Subdivision  2 of section 69-o of the general business law, as
    14  amended by chapter 575 of the laws  of  1993,  is  amended  to  read  as
    15  follows:
    16    2. After the filing of an applicant's fingerprint cards, the secretary
    17  of  state  shall  forward  such fingerprints to the division of criminal
    18  justice services to be compared with the fingerprints on file  with  the
    19  division  of criminal justice services in order to ascertain whether the
    20  applicant has been convicted  of  a  felony  involving  fraud,  bribery,
    21  perjury  or  theft  pursuant  to  article one hundred forty, one hundred
    22  fifty-five, one hundred  sixty,  one  hundred  sixty-five,  one  hundred
    23  seventy,  one hundred seventy-five, one hundred seventy-six, one hundred
    24  eighty, one hundred eighty-five, one hundred ninety, one  hundred  nine-
    25  ty-five, two hundred or two hundred ten of the penal law; or has a crim-
    26  inal  action which has been pending for such a felony for under one year
    27  without  a  final  disposition  unless  adjourned  in  contemplation  of
    28  dismissal;  provided,  however,  that  for the purposes of this article,
    29  none of the  following  shall  be  considered  criminal  convictions  or
    30  reported as such:
    31    (a)  A  conviction  which  has been vacated and replaced by a youthful
    32  offender finding pursuant to article seven hundred twenty of the  crimi-
    33  nal  procedure  law,  or  the  applicable provisions of law of any other
    34  jurisdiction; or
    35    (b) A conviction the records of which have  been  expunged  or  sealed
    36  pursuant  to  the  applicable provisions of the laws of this state or of
    37  any other jurisdiction; or
    38    (c) A conviction for which [a certificate of relief from  disabilities
    39  or] a certificate of [good conduct] restoration has been issued pursuant
    40  to article twenty-three of the correction law.
    41    The division of criminal justice services shall retain the fingerprint
    42  cards  and  return  the  report of such convictions or pending cases, if
    43  any, to the secretary of state who shall retain them in  a  confidential
    44  file  for  no  more than one year, after which time such report shall be
    45  destroyed.
    46    The secretary of state shall deny the application  of  any  individual
    47  convicted  of a felony involving fraud, bribery, perjury or theft pursu-
    48  ant to article one hundred forty, one hundred  fifty-five,  one  hundred
    49  sixty,  one  hundred sixty-five, one hundred seventy, one hundred seven-
    50  ty-five, one hundred seventy-six, one hundred eighty, one hundred eight-
    51  y-five, one hundred ninety, one hundred ninety-five, two hundred or  two
    52  hundred  ten  of  the penal law; or has a criminal action which has been
    53  pending for such a felony for under one year without a final disposition
        A. 2350                            15

     1  unless adjourned in contemplation of dismissal; provided, however,  that
     2  for the purposes of this article, none of the following shall be consid-
     3  ered criminal convictions or reported as such:
     4    (i)  A  conviction  which  has been vacated and replaced by a youthful
     5  offender finding pursuant to article seven hundred twenty of the  crimi-
     6  nal  procedure  law,  or  the  applicable provisions of law of any other
     7  jurisdiction; or
     8    (ii) A conviction the records of which have been  expunged  or  sealed
     9  pursuant  to  the  applicable provisions of the laws of this state or of
    10  any other jurisdiction; or
    11    (iii) A conviction for which [a certificate of relief  from  disabili-
    12  ties  or]  a  certificate  of [good conduct] restoration has been issued
    13  pursuant to article twenty-three of the correction law.
    14    § 25. Subdivision 1 of section 81 of  the  general  business  law,  as
    15  amended  by  section 14 of part LL of chapter 56 of the laws of 2010, is
    16  amended to read as follows:
    17    1. The holder of any license certificate issued pursuant to this arti-
    18  cle may employ to assist him in his work of private detective or  inves-
    19  tigator or bail enforcement agent as described in section seventy-one of
    20  this  article  and in the conduct of such business as many persons as he
    21  may deem necessary, and shall at all times  during  such  employment  be
    22  legally  responsible  for  the  good conduct in the business of each and
    23  every person so employed.
    24    No holder of any unexpired license certificate issued pursuant to this
    25  article shall knowingly employ in connection with his or its business in
    26  any capacity whatsoever, any person who has been convicted of  a  felony
    27  or  any of the offenses specified in subdivision two of section seventy-
    28  four of this article, and who has  not  subsequent  to  such  conviction
    29  received executive pardon therefor removing this disability, or received
    30  a  certificate  of  [relief  from  disabilities or a certificate of good
    31  conduct] restoration pursuant to article twenty-three of the  correction
    32  law  to  remove  the  disability  under  this  section because of such a
    33  conviction, or any person  whose  private  detective  or  investigator's
    34  license  or  bail enforcement agent's license was revoked or application
    35  for such license was denied by the department of state or by the author-
    36  ities of any other state or territory because of conviction  of  any  of
    37  such  offenses.  Should  the  holder of an unexpired license certificate
    38  falsely state or represent that a person is or has been in  his  employ,
    39  such  false statement or misrepresentation shall be sufficient cause for
    40  the revocation of such license. Any person falsely stating or represent-
    41  ing that he is or has been a detective or employed by a detective agency
    42  or that he is or has been a bail enforcement agent or employed by a bail
    43  enforcement agency shall be guilty of a misdemeanor.
    44    § 26. Paragraph 5 of subdivision a of section 265.20 of the penal law,
    45  as amended by chapter 235 of the laws of 2007, is  amended  to  read  as
    46  follows:
    47    5.  Possession  of  a rifle or shotgun by a person other than a person
    48  who has been convicted of  a  class  A-I  felony  or  a  violent  felony
    49  offense, as defined in subdivision one of section 70.02 of this chapter,
    50  who  has  been  convicted  as  specified  in subdivision four of section
    51  265.01 of this article to whom a certificate of [good conduct]  restora-
    52  tion  has  been issued [pursuant to section seven hundred three-b of the
    53  correction law].
    54    § 27. Section 751 of the correction law, as amended by chapter 284  of
    55  the laws of 2007, is amended to read as follows:
        A. 2350                            16

     1    §  751.  Applicability.  The provisions of this article shall apply to
     2  any application by any person for a license or employment at any  public
     3  or  private  employer,  who has previously been convicted of one or more
     4  criminal offenses in this state or in any other jurisdiction, and to any
     5  license or employment held by any person whose conviction of one or more
     6  criminal  offenses  in  this state or in any other jurisdiction preceded
     7  such employment or granting of  a  license,  except  where  a  mandatory
     8  forfeiture,  disability  or bar to employment is imposed by law, and has
     9  not been removed by an executive pardon,  certificate  of  [relief  from
    10  disabilities  or  certificate  of  good conduct] restoration. Nothing in
    11  this article shall be construed to affect any right an employer may have
    12  with respect to an intentional misrepresentation in connection  with  an
    13  application  for employment made by a prospective employee or previously
    14  made by a current employee.
    15    § 28. Subdivision 2 of section 753 of the correction law, as added  by
    16  chapter 931 of the laws of 1976, is amended to read as follows:
    17    2.  In making a determination pursuant to section seven hundred fifty-
    18  two of this [chapter] article, the public  agency  or  private  employer
    19  shall also give consideration to a certificate of [relief from disabili-
    20  ties  or a certificate of good conduct] restoration issued to the appli-
    21  cant, which certificate shall create a presumption of rehabilitation  in
    22  regard to the offense or offenses specified therein.
    23    §  29.  The closing paragraph of section 79-a of the civil rights law,
    24  as amended by chapter 687 of the laws of 1973, is  amended  to  read  as
    25  follows:
    26    Nothing  in this section shall be deemed to preclude the issuance of a
    27  certificate of [good conduct] restoration by  the  board  of  parole  or
    28  sentencing  court  pursuant  to  law to a person who previously has been
    29  sentenced to imprisonment for life.
    30    § 30. Paragraph (a) of subdivision 1 of section 20-438 of the adminis-
    31  trative code of the city of New York is amended to read as follows:
    32    (a) Issuance of licenses to conduct games of chance.  If such  depart-
    33  ment shall determine that the applicant is duly qualified to be licensed
    34  to  conduct  games  of chance under this subchapter; that the members of
    35  the applicant designated in the application to conduct games  of  chance
    36  are  bona  fide  active members of the applicant and are persons of good
    37  moral character and have  never  been  convicted  of  a  crime,  or,  if
    38  convicted,  have  received  a  pardon or a certificate of [good conduct]
    39  restoration; that such games are to be conducted in accordance with  the
    40  provisions of this subchapter and in accordance with the rules and regu-
    41  lations of the board and that the proceeds thereof are to be disposed of
    42  as provided by this subchapter; and if such department is satisfied that
    43  no  commission, salary, compensation, reward or recompense whatever will
    44  be paid or given to any  person  holding,  operating  or  conducting  or
    45  assisting in the holding, operation and conduct of any such games except
    46  as  in  this  subchapter  otherwise  provided; and that no prize will be
    47  given in excess of the sum or value of one hundred dollars in any single
    48  game and that the aggregate of all prizes given on one  occasion,  under
    49  said  license shall not exceed the sum or value of one thousand dollars,
    50  the department shall issue a license to the applicant for the conduct of
    51  games of chance upon payment of a license fee of twenty-five dollars for
    52  each license period.
    53    § 31. Paragraph (a) of subdivision 5 of section  2806  of  the  public
    54  health  law,  as  amended  by section 20 of part LL of chapter 56 of the
    55  laws of 2010, is amended to read as follows:
        A. 2350                            17

     1    (a) Except as provided in paragraphs (b) and (d) of this  subdivision,
     2  anything  contained  in this section or in a certificate of [relief from
     3  disabilities or a certificate of good conduct] restoration issued pursu-
     4  ant to article twenty-three  of  the  correction  law  to  the  contrary
     5  notwithstanding,  a  hospital  operating certificate of a hospital under
     6  control of a controlling person as defined in paragraph (a) of  subdivi-
     7  sion  twelve  of  section twenty-eight hundred one-a of this article, or
     8  under control of any other entity, shall be revoked upon  a  finding  by
     9  the department that such controlling person or any individual, member of
    10  a  partnership  or  shareholder  of a corporation to whom or to which an
    11  operating certificate has been issued, has been convicted of a class  A,
    12  B or C felony, or a felony related in any way to any activity or program
    13  subject  to  the  regulations,  supervision,  or  administration  of the
    14  department or of the office of temporary and disability assistance or in
    15  violation of the public officers law in a court of  competent  jurisdic-
    16  tion  in  the state, or of a crime outside the state which, if committed
    17  within the state, would have been a class A, B or C felony or  a  felony
    18  related  in  any  way  to  any  activity or program subject to the regu-
    19  lations, supervision, or administration of  the  department  or  of  the
    20  office  of  temporary  and  disability assistance or in violation of the
    21  public officers law.
    22    § 32. Paragraph (a) of subdivision 1 and paragraph (a) of  subdivision
    23  2  of  section  509-c  of  the vehicle and traffic law, paragraph (a) of
    24  subdivision 1 as amended by section 25 and paragraph (a) of  subdivision
    25  2 as amended by section 26 of part LL of chapter 56 of the laws of 2010,
    26  are amended to read as follows:
    27    (a)  permanently,  if  that  person has been convicted of or forfeited
    28  bond or collateral which forfeiture order has not been  vacated  or  the
    29  subject  of  an  order  of remission upon a violation of section 130.30,
    30  130.35, 130.45, 130.50, 130.60, or  130.65  of  the  penal  law,  or  an
    31  offense  committed  under  a former section of the penal law which would
    32  constitute a violation of the aforesaid sections of the penal law or any
    33  offense committed  outside  of  this  state  which  would  constitute  a
    34  violation of the aforesaid sections of the penal law, provided, however,
    35  the provisions of this paragraph shall not apply to convictions, suspen-
    36  sions  or revocations or forfeitures of bonds for collateral upon any of
    37  the charges listed in this paragraph for violations which occurred prior
    38  to September first, nineteen hundred seventy-four committed by a  person
    39  employed  as  a bus driver on September first, nineteen hundred seventy-
    40  four. However, such disqualification may be waived  provided  that  five
    41  years have expired since the applicant was discharged or released from a
    42  sentence  of  imprisonment  imposed pursuant to conviction of an offense
    43  that requires disqualification under this paragraph and that the  appli-
    44  cant  shall have been granted a certificate of [relief from disabilities
    45  or a certificate of good conduct] restoration pursuant to article  twen-
    46  ty-three of the correction law.
    47    (a)  permanently,  if  that  person has been convicted of or forfeited
    48  bond or collateral which forfeiture order has not been  vacated  or  the
    49  subject  of  an  order  of remission upon a violation committed prior to
    50  September fifteenth, nineteen hundred eighty-five,  of  section  130.30,
    51  130.35,  130.45,  130.50,  130.60,  or  130.65  of  the penal law, or an
    52  offense committed under a former section of the penal  law  which  would
    53  constitute a violation of the aforesaid sections of the penal law or any
    54  offense  committed  outside  of  this  state  which  would  constitute a
    55  violation of the aforesaid sections of  the  penal  law.  However,  such
    56  disqualification  may  be  waived  provided that five years have expired
        A. 2350                            18

     1  since the applicant was discharged or released from a sentence of impri-
     2  sonment imposed pursuant to  conviction  of  an  offense  that  requires
     3  disqualification  under this paragraph and that the applicant shall have
     4  been granted a certificate of [relief from disabilities or a certificate
     5  of  good  conduct]  restoration  pursuant to article twenty-three of the
     6  correction law.
     7    § 33. Paragraph (a) and subparagraph (i) of paragraph (b) of  subdivi-
     8  sion  1 and paragraphs (a) and (b) and subparagraph (i) of paragraph (c)
     9  of subdivision 2 of section 509-cc of the vehicle and  traffic  law,  as
    10  added  by  chapter  675 of the laws of 1985, subparagraphs (i), (ii) and
    11  (iii) of paragraph (a) and subparagraph (i) of paragraph (b) of subdivi-
    12  sion 1 as amended by section 27 and paragraphs (a) and (b) and  subpara-
    13  graph  (i) of paragraph (c) of subdivision 2 as amended by section 28 of
    14  part LL of chapter 56 of the laws  of  2010,  are  amended  to  read  as
    15  follows:
    16    (a) permanently, if that person
    17    (i)  has  been  convicted  of  or  forfeited  bond or collateral which
    18  forfeiture order has not been vacated or the  subject  of  an  order  of
    19  remission upon a violation committed prior to September fifteenth, nine-
    20  teen  hundred  eighty-five,  of  section 130.30, 130.35, 130.45, 130.50,
    21  130.60, or 130.65 of the penal law, or  an  offense  committed  under  a
    22  former  section  of  the penal law which would constitute a violation of
    23  the aforesaid sections of the penal law or any offense committed outside
    24  of this state which  would  constitute  a  violation  of  the  aforesaid
    25  sections  of  the  penal  law, provided, however, the provisions of this
    26  subparagraph shall not apply to convictions, suspensions or  revocations
    27  or forfeitures of bonds for collateral upon any of the charges listed in
    28  this  subparagraph  for  violations  which  occurred  prior to September
    29  first, nineteen hundred seventy-four committed by a person employed as a
    30  bus driver on September first, nineteen hundred  seventy-four.  However,
    31  such  disqualification  may  be  waived  provided  that  five years have
    32  expired since the applicant was discharged or released from  a  sentence
    33  of  imprisonment  imposed  pursuant  to  conviction  of  an offense that
    34  requires disqualification under this paragraph and  that  the  applicant
    35  shall  have been granted a certificate of [relief from disabilities or a
    36  certificate of good conduct] restoration  pursuant  to  article  twenty-
    37  three  of  the correction law. When the certificate is issued by a court
    38  for a conviction which occurred in this state, it shall only  be  issued
    39  by  the court having jurisdiction over such conviction. Such certificate
    40  shall specifically indicate that the authority granting such certificate
    41  has considered the bearing, if any, the criminal offense or offenses for
    42  which the person was convicted will have on the applicant's  fitness  or
    43  ability to operate a bus transporting school children to the applicant's
    44  prospective employment, prior to granting such a certificate; or
    45    (ii)  has  been  convicted  of  an  offense listed in paragraph (a) of
    46  subdivision four of this section that was committed on or after  Septem-
    47  ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
    48  tion  may  be  waived  by the commissioner provided that five years have
    49  expired since the applicant was discharged or released from  a  sentence
    50  of  imprisonment  imposed  pursuant  to  conviction  of  an offense that
    51  requires disqualification under this paragraph and  that  the  applicant
    52  shall  have been granted a certificate of [relief from disabilities or a
    53  certificate of good conduct] restoration  pursuant  to  article  twenty-
    54  three  of  the correction law. When the certificate is issued by a court
    55  for a conviction which occurred in this state, it shall only  be  issued
    56  by  the court having jurisdiction over such conviction. Such certificate
        A. 2350                            19

     1  shall specifically indicate that the authority granting such certificate
     2  has considered the bearing, if any, the criminal offense or offenses for
     3  which the person was convicted will have on the applicant's  fitness  or
     4  ability to operate a bus transporting school children, prior to granting
     5  such a certificate; or
     6    (iii)  has  been  convicted  of  an offense listed in paragraph (b) of
     7  subdivision four of this section that was committed on or after  Septem-
     8  ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
     9  tion  shall  be  waived  provided that five years have expired since the
    10  applicant discharged or released from a sentence of imprisonment imposed
    11  pursuant to conviction of  an  offense  that  requires  disqualification
    12  under  this  paragraph  and that the applicant shall have been granted a
    13  certificate of [relief  from  disabilities  or  a  certificate  of  good
    14  conduct]  restoration pursuant to article twenty-three of the correction
    15  law.  When the certificate is issued by a court for a  conviction  which
    16  occurred  in  this  state,  it  shall only be issued by the court having
    17  jurisdiction over such conviction. Such certificate  shall  specifically
    18  indicate that the authority granting such certificate has considered the
    19  bearing,  if  any, the criminal offense or offenses for which the person
    20  was convicted will have on the applicant's fitness or ability to operate
    21  a bus transporting school children, prior to  granting  such  a  certif-
    22  icate.  Provided,  however,  that at the discretion of the commissioner,
    23  the certificate of relief from disabilities may remove  disqualification
    24  at any time; or
    25    (i)  has  been convicted within the preceding five years of an offense
    26  listed in paragraph (c) of subdivision four of  this  section  that  was
    27  committed on or after September fifteenth, nineteen hundred eighty-five.
    28  However,  such disqualification shall be waived provided that the appli-
    29  cant has been granted a certificate of [relief from  disabilities  or  a
    30  certificate  of  good  conduct]  restoration pursuant to article twenty-
    31  three of the correction law. When the certificate is issued by  a  court
    32  for  a  conviction which occurred in this state, it shall only be issued
    33  by the court having jurisdiction over such conviction. Such  certificate
    34  shall specifically indicate that the authority granting such certificate
    35  has considered the bearing, if any, the criminal offense or offenses for
    36  which  the  person was convicted will have on the applicant's fitness or
    37  ability to operate a bus transporting school children, prior to granting
    38  such a certificate;
    39    (a) permanently, if that person has been convicted of an offense list-
    40  ed in paragraph (a) of subdivision four of this section.  However,  such
    41  disqualification  may  be  waived by the commissioner provided that five
    42  years have expired since the applicant was discharged or released from a
    43  sentence of imprisonment imposed pursuant to conviction  of  an  offense
    44  that  requires disqualification under this paragraph and that the appli-
    45  cant shall have been granted a certificate of [relief from  disabilities
    46  or  a certificate of good conduct] restoration pursuant to article twen-
    47  ty-three of the correction law. When the  certificate  is  issued  by  a
    48  court  for  a  conviction which occurred in this state, it shall only be
    49  issued by the court  having  jurisdiction  over  such  conviction.  Such
    50  certificate shall specifically indicate that the authority granting such
    51  certificate  has considered the bearing, if any, the criminal offense or
    52  offenses for which the person was convicted will have on the applicant's
    53  fitness or ability to operate a bus transporting school children to  the
    54  applicant's  prospective  employment,  prior  to granting such a certif-
    55  icate.
        A. 2350                            20

     1    (b) permanently, if that person has been convicted of an offense list-
     2  ed in paragraph (b) of subdivision four of this section.  However,  such
     3  disqualification  shall  be waived provided that five years have expired
     4  since the applicant was incarcerated pursuant to a sentence of imprison-
     5  ment  imposed on conviction of an offense that requires disqualification
     6  under this paragraph and that the applicant shall have  been  granted  a
     7  certificate  of  [relief  from  disabilities  or  a  certificate of good
     8  conduct] restoration pursuant to article twenty-three of the  correction
     9  law.    When the certificate is issued by a court for a conviction which
    10  occurred in this state, it shall only be  issued  by  the  court  having
    11  jurisdiction  over  such conviction. Such certificate shall specifically
    12  indicate that the authority granting such certificate has considered the
    13  bearing, if any, the criminal offense or offenses for which  the  person
    14  was convicted will have on the applicant's fitness or ability to operate
    15  a  bus  transporting  school  children, prior to granting such a certif-
    16  icate. Provided, however, that at the discretion of the commissioner the
    17  certificate of [relief  from  disabilities  or  a  certificate  of  good
    18  conduct]  restoration pursuant to article twenty-three of the correction
    19  law may remove disqualification at any time.
    20    (i) has been convicted within the preceding five years of  an  offense
    21  listed  in  paragraph  (c) of subdivision four of this section. However,
    22  notwithstanding the provisions of subdivision  three  of  section  seven
    23  hundred  one  of the correction law[. Such], such disqualification shall
    24  be waived provided that the applicant has been granted a certificate  of
    25  [relief  from disabilities or a certificate of good conduct] restoration
    26  pursuant to article twenty-three of the correction law. When the certif-
    27  icate is issued by a court for  a  conviction  which  occurred  in  this
    28  state,  it  shall  only  be issued by the court having jurisdiction over
    29  such conviction. Such certificate shall specifically indicate  that  the
    30  authority  granting such certificate has considered the bearing, if any,
    31  the criminal offense or offenses for which the person was convicted will
    32  have on the applicant's fitness or ability to operate a bus transporting
    33  school children, prior to granting such a certificate.
    34    § 34. Subparagraph (iii) of paragraph d of subdivision  6  of  section
    35  510  of the vehicle and traffic law, as amended by section 29 of part LL
    36  of chapter 56 of the laws of 2010, is amended to read as follows:
    37    (iii) after such documentation, if required, is  accepted,  that  such
    38  person  is  granted  a  certificate  of  [relief  from disabilities or a
    39  certificate of good conduct] restoration  pursuant  to  article  twenty-
    40  three  of  the correction law by the court in which such person was last
    41  penalized.
    42    § 35. Subparagraph (iii) of paragraph (c) of subdivision 2 of  section
    43  510-a  of  the vehicle and traffic law, as amended by section 30 of part
    44  LL of chapter 56 of the laws of 2010, is amended to read as follows:
    45    (iii) after such documentation, if required, is  accepted,  that  such
    46  person  is  granted  a  certificate  of  [relief  from disabilities or a
    47  certificate of good conduct] restoration  pursuant  to  article  twenty-
    48  three  of  the correction law by the court in which such person was last
    49  penalized.
    50    § 36. Subdivision 5 of section 530 of the vehicle and traffic law,  as
    51  amended  by  section 31 of part LL of chapter 56 of the laws of 2010, is
    52  amended to read as follows:
    53    (5) A restricted use license or privilege shall be valid for the oper-
    54  ation of any motor vehicle, except a vehicle  for  hire  as  a  taxicab,
    55  livery,  coach, limousine, van or wheelchair accessible van or tow truck
    56  as defined in this chapter subject to the conditions set  forth  herein,
        A. 2350                            21

     1  which  the holder would otherwise be entitled to operate had his drivers
     2  license or privilege not  been  suspended  or  revoked.  Notwithstanding
     3  anything  to  the contrary in a certificate of [relief from disabilities
     4  or a certificate of good conduct] restoration issued pursuant to article
     5  twenty-three  of  the correction law, a restricted use license shall not
     6  be valid for the operation of a commercial motor vehicle.  A  restricted
     7  use  license  shall not be valid for the operation of a vehicle for hire
     8  as a taxicab, livery, coach, limousine, van or wheelchair accessible van
     9  or tow truck where the holder thereof had his  or  her  drivers  license
    10  suspended  or revoked and (i) such suspension or revocation is mandatory
    11  pursuant to the provisions of subdivision two or two-a of  section  five
    12  hundred ten of this title; or (ii) any such suspension is permissive for
    13  habitual  or  persistent  violations  of  this  chapter or any local law
    14  relating to traffic as set forth in paragraph  d  or  i  of  subdivision
    15  three  of  section  five  hundred  ten  of this title; or (iii) any such
    16  suspension is permissive and has been imposed by a  magistrate,  justice
    17  or  judge  of  any city, town or village, any supreme court justice, any
    18  county judge, or judge of a district  court.  Except  for  a  commercial
    19  motor  vehicle  as  defined  in subdivision four of section five hundred
    20  one-a of this title, the restrictions on types of vehicles which may  be
    21  operated  with  a restricted license contained in this subdivision shall
    22  not be applicable to a restricted  license  issued  to  a  person  whose
    23  license  has  been  suspended pursuant to paragraph three of subdivision
    24  four-e of section five hundred ten of this title.
    25    § 37. Item (ii) of clause (b) of subparagraph 12 of paragraph  (b)  of
    26  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
    27  by  section  32 of part LL of chapter 56 of the laws of 2010, is amended
    28  to read as follows:
    29    (ii) that such person is granted a certificate of [relief  from  disa-
    30  bilities or a certificate of good conduct] restoration pursuant to arti-
    31  cle twenty-three of the correction law.
    32    Provided, however, that the commissioner may, on a case by case basis,
    33  refuse  to  restore a license which otherwise would be restored pursuant
    34  to this item, in the interest of the public safety and welfare.
    35    § 38. Item (iii) of clause (e) of subparagraph 12 of paragraph (b)  of
    36  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
    37  by  section  33 of part LL of chapter 56 of the laws of 2010, is amended
    38  to read as follows:
    39    (iii) after such documentation is accepted, that such person is grant-
    40  ed a certificate of [relief from disabilities or a certificate  of  good
    41  conduct]  restoration pursuant to article twenty-three of the correction
    42  law.
    43    § 39. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
    44  of the vehicle and traffic law, as amended by section 34 of part  LL  of
    45  chapter 56 of the laws of 2010, is amended to read as follows:
    46    (1)  Notwithstanding  anything  to the contrary contained in a certif-
    47  icate of [relief from disabilities or a  certificate  of  good  conduct]
    48  restoration  issued  pursuant  to article twenty-three of the correction
    49  law, where a suspension or revocation, other than a revocation  required
    50  to be issued by the commissioner, is mandatory pursuant to paragraph (a)
    51  or (b) of this subdivision, the magistrate, justice or judge shall issue
    52  an  order  suspending  or revoking such license upon sentencing, and the
    53  license holder shall surrender such license  to  the  court.  Except  as
    54  hereinafter  provided,  such  suspension or revocation shall take effect
    55  immediately.
        A. 2350                            22

     1    § 40. Item (iii) of clause a of subparagraph 3  of  paragraph  (e)  of
     2  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
     3  by  section  35 of part LL of chapter 56 of the laws of 2010, is amended
     4  to read as follows:
     5    (iii) after such documentation is accepted, that such person is grant-
     6  ed  a  certificate of [relief from disabilities or a certificate of good
     7  conduct] restoration pursuant to article twenty-three of the  correction
     8  law.
     9    §  41.  Item  (iii)  of clause c of subparagraph 1 of paragraph (d) of
    10  subdivision 2 of section 1194 of the vehicle and traffic law, as amended
    11  by section 37 of part LL of chapter 56 of the laws of 2010,  is  amended
    12  to read as follows:
    13    (iii) after such documentation is accepted, that such person is grant-
    14  ed  a  certificate of [relief from disabilities or a certificate of good
    15  conduct] restoration pursuant to article twenty-three of the  correction
    16  law by the court in which such person was last penalized.
    17    §  42.  Paragraph  (g) of subdivision 7 of section 1196 of the vehicle
    18  and traffic law, as amended by section 38 of part LL of  chapter  56  of
    19  the laws of 2010, is amended to read as follows:
    20    (g)  Notwithstanding  anything  to the contrary contained in a certif-
    21  icate of [relief from disabilities or a  certificate  of  good  conduct]
    22  restoration  issued  pursuant  to article twenty-three of the correction
    23  law, any conditional license or privilege issued to a  person  convicted
    24  of  a  violation of any subdivision of section eleven hundred ninety-two
    25  of this article shall not be valid for the operation of  any  commercial
    26  motor  vehicle.  In  addition,  no such conditional license or privilege
    27  shall be valid for the operation of a taxicab as defined in  this  chap-
    28  ter.
    29    §  43. Whenever the term "certificate of good conduct" or "certificate
    30  of relief from disabilities" or any  equivalent  expression  thereof  is
    31  used  in  any provision of law, either such term shall be deemed to mean
    32  and refer to a certificate of restoration as established in this act.
    33    § 44. Any certificate of relief from disabilities  or  certificate  of
    34  good  conduct  issued  prior  to the effective date of this act shall be
    35  deemed the equivalent of a certificate of restoration and  shall  remain
    36  in  full  force  and effect on and after the effective date of this act.
    37  Nothing in this act shall be read to invalidate a certificate of  relief
    38  from  disabilities  or a certificate of good conduct issued prior to the
    39  effective date of this act.
    40    § 45. This act shall take effect on the ninetieth day after  it  shall
    41  have  become  a  law,  provided  that the amendments to subdivision 5 of
    42  section 530 of the vehicle and traffic law made by section thirty-six of
    43  this act shall not affect the expiration of such subdivision  and  shall
    44  be deemed to expire therewith.