Bill Text: NY A02479 | 2015-2016 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to correction [A02479 Detail]

Download: New_York-2015-A02479-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2479--A
                                                               Cal. No. 184
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2015
                                      ___________
       Introduced by M. of A. MOSLEY -- read once and referred to the Committee
         on  Correction  --  advanced  to  a third reading, amended and ordered
         reprinted, retaining its place on the order of third reading
       AN ACT to amend the correction law, in relation to certificates of disa-
         bilities issued by courts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2  of  section 702 of the correction law, as
    2  amended by chapter 342 of the laws  of  1972,  is  amended  to  read  as
    3  follows:
    4    2.  Such  certificate  shall  [not]  be  issued  by the court [unless]
    5  PROVIDED THAT the court is satisfied that:
    6    (a) The person to whom it is to be granted is an eligible offender, as
    7  defined in section seven hundred OF THIS ARTICLE;
    8    (b) The relief to be granted by the certificate is consistent with the
    9  rehabilitation of the eligible offender; and
   10    (c) The relief to be granted by the certificate is consistent with the
   11  public interest.
   12    S 2. The opening paragraph of subdivision 3  of  section  703  of  the
   13  correction law, as amended by section 34 of subpart B of part C of chap-
   14  ter 62 of the laws of 2011, is amended to read as follows:
   15    The  department  shall  [not] issue [any] A certificate of relief from
   16  disabilities pursuant to  subdivisions  one  or  two  OF  THIS  SECTION,
   17  [unless] PROVIDED THAT the department is satisfied that:
   18    S  3. Subdivision 2 of section 703-b of the correction law, as amended
   19  by section 35 of subpart B of part C of chapter 62 of the laws of  2011,
   20  is amended to read as follows:
   21    2.  The  department  shall  [have the power to] issue a certificate of
   22  good conduct to any person previously convicted of a crime in any  other
   23  jurisdiction, when the department is satisfied that:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05945-02-5
       A. 2479--A                          2
    1    (a) The applicant has demonstrated that there exist specific facts and
    2  circumstances,  and specific sections of New York state law that have an
    3  adverse impact on the applicant and warrant the application  for  relief
    4  to be made in New York; and
    5    (b)  The  provisions of paragraphs (a), (b) and (c) of subdivision one
    6  of this section have been met.
    7    S 4. This act shall take effect immediately.