Bill Text: NY S03239 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to the creation of a department of corrections and community supervision identification form; relates to the use of such form as proof of identity for individuals applying for a non-driver identification card or certain driver's licenses.
Spectrum: Moderate Partisan Bill (Democrat 14-4)
Status: (Introduced) 2025-01-24 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S03239 Detail]
Download: New_York-2025-S03239-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3239 2025-2026 Regular Sessions IN SENATE January 24, 2025 ___________ Introduced by Sens. COONEY, ADDABBO, BAILEY, FERNANDEZ, GALLIVAN, GONZA- LEZ, HARCKHAM, HELMING, HINCHEY, PALUMBO, PARKER, RAMOS, RHOADS, RIVERA, SALAZAR, SANDERS, SKOUFIS, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to the creation of a department of corrections and community supervision identification form; and to amend the vehicle and traffic law, in relation to the use of a department of corrections and community supervision identifica- tion form as proof of identity The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2 of the correction law is amended by adding a new 2 subdivision 35 to read as follows: 3 35. "Identification form" shall mean and refer to a department of 4 corrections and community supervision identification form issued pursu- 5 ant to the provisions of section eighty-one of this chapter. 6 § 2. The correction law is amended by adding a new section 81 to read 7 as follows: 8 § 81. Department of corrections and community supervision identifica- 9 tion form. 1. The commissioner, in cooperation with the commissioner of 10 motor vehicles, shall create a department of corrections and community 11 supervision identification form, which shall be issued to each individ- 12 ual upon such individual's release from a correctional facility. 13 2. Identification forms issued pursuant to this section shall contain, 14 at a minimum, the following information about the individual to whom 15 such identification form is issued: 16 (a) Such individual's full name; 17 (b) Such individual's permanent address, if such individual has a 18 permanent address that they intend to return to; 19 (c) Such individual's birth date; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00472-01-5S. 3239 2 1 (d) Any other information the commissioner shall deem relevant or 2 necessary. 3 3. A correctional facility shall deliver to each individual all forms, 4 paperwork, and/or other documents required to be delivered to such indi- 5 vidual in addition to the identification form required by subdivision 6 one of this section, immediately upon such individual's release. 7 § 3. Section 490 of the vehicle and traffic law is amended by adding 8 a new subdivision 2-a to read as follows: 9 2-a. A department of corrections and community supervision identifi- 10 cation form issued pursuant to section eighty-one of the correction law 11 shall constitute sufficient proof of identity for an individual submit- 12 ting an application for an identification card pursuant to this section, 13 and the commissioner shall not require such individual to provide any 14 further proof of identification. 15 § 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490 16 of the vehicle and traffic law, as amended by chapter 487 of the laws of 17 2012, is amended to read as follows: 18 (i) The commissioner shall upon submission of an appropriate applica- 19 tion, upon payment of the prescribed fee, and upon being satisfied that 20 the person described is the applicant and that such applicant meets the 21 requirements set forth in subdivision two of this section, issue to such 22 applicant a nontransferable identification card. In addition, the 23 commissioner also shall require that an applicant for an identification 24 card or renewal thereof provide [his or her] a social security number, 25 or department of corrections and community supervision identification 26 form issued pursuant to section eighty-one of the correction law. The 27 commissioner shall provide space so that an applicant may request a 28 notation upon such identification card that [he or she] such applicant 29 is a veteran of the United States armed forces. 30 § 5. Subdivision 1 of section 502 of the vehicle and traffic law, as 31 separately amended by chapters 158 and 440 of the laws of 2021, is 32 amended to read as follows: 33 1. Application for license. Application for a driver's license shall 34 be made to the commissioner. The fee prescribed by law may be submitted 35 with such application. The applicant shall furnish such proof of identi- 36 ty, age, and fitness as may be required by the commissioner. With 37 respect to a non-commercial driver's license or learner's permit which 38 does not meet federal standards for identification, in addition to the 39 acceptable proofs of age and identity approved by the commissioner as of 40 January first, two thousand nineteen, acceptable proof of identity shall 41 also include, but not be limited to, a department of corrections and 42 community supervision identification form issued pursuant to section 43 eighty-one of the correction law, a valid, unexpired foreign passport 44 issued by the applicant's country of citizenship (which shall also be 45 eligible as proof of age), a valid, unexpired consular identification 46 document issued by a consulate from the applicant's country of citizen- 47 ship, or a valid foreign driver's license that includes a photo image of 48 the applicant and which is unexpired or expired for less than twenty- 49 four months of its date of expiration, as primary forms of such proof. 50 Nothing contained in this subdivision shall be deemed to preclude the 51 commissioner from approving additional proofs of identity and age. In 52 the case of an applicant using a department of corrections and community 53 supervision identification form issued pursuant to section eighty-one of 54 the correction law as proof of identity, the commissioner shall not 55 require such applicant to provide any additional proof of identity. The 56 license shall display the sex designation of M, F, or X as certified byS. 3239 3 1 the applicant, with no additional documentation required. The applicant 2 may amend the sex designation of their driver's license upon request. 3 Upon amendment of the sex designation, the change shall be made consist- 4 ent through all affiliated records within the control of the department. 5 The commissioner may also provide that the application procedure shall 6 include the taking of a photo image or images of the applicant in 7 accordance with rules and regulations prescribed by the commissioner. In 8 addition, the commissioner also shall require that the applicant provide 9 such applicant's social security number or, in lieu thereof, with 10 respect to an application for a non-commercial driver's license or 11 learner's permit which does not meet federal standards for identifica- 12 tion, an affidavit signed by such applicant that they have not been 13 issued a social security number. The commissioner also shall provide 14 space on the application so that the applicant may request a notation 15 upon such license that such applicant is a veteran of the United States 16 armed forces, and space on the application so that the applicant may 17 request a notation upon such license that [he or she] such applicant is 18 a veteran of the United States armed forces, and space on the applica- 19 tion so that the applicant may register in the New York state organ and 20 tissue donor registry under section forty-three hundred ten of the 21 public health law with the following stated on the application in clear 22 and conspicuous type: 23 "You must fill out the following section: Would you like to be added 24 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 25 tion'." 26 The commissioner of health shall not maintain records of any person 27 who checks "skip this question". Except where the application is made in 28 person or electronically, failure to check a box shall not impair the 29 validity of an application, and failure to check "yes" or checking "skip 30 this question" shall not be construed to imply a wish not to donate. In 31 the case of an applicant under eighteen years of age, checking "yes" 32 shall not constitute consent to make an anatomical gift or registration 33 in the donate life registry, except as otherwise provided pursuant to 34 the provisions of paragraph (b) of subdivision one of section forty- 35 three hundred one of the public health law. Where an applicant has 36 previously consented to make an anatomical gift or registered in the 37 donate life registry, checking "skip this question" or failing to check 38 a box shall not impair that consent or registration. In addition, an 39 applicant for a commercial driver's license who will operate a commer- 40 cial motor vehicle in interstate commerce shall certify that such appli- 41 cant meets the requirements to operate a commercial motor vehicle, as 42 set forth in public law 99-570, title XII, and title 49 of the code of 43 federal regulations, and all regulations promulgated by the United 44 States secretary of transportation under the hazardous materials trans- 45 portation act. In addition, an applicant for a commercial driver's 46 license shall submit a medical certificate at such intervals as required 47 by the federal motor carrier safety improvement act of 1999 and Part 48 383.71(h) of title 49 of the code of federal regulations relating to 49 medical certification and in a manner prescribed by the commissioner. 50 For purposes of this section and sections five hundred three, five 51 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 52 certificate" and "medical certification" shall mean a form substantially 53 in compliance with the form set forth in Part 391.43(h) of title 49 of 54 the code of federal regulations. Upon a determination that the holder of 55 a commercial driver's license has made any false statement, with respectS. 3239 4 1 to the application for such license, the commissioner shall revoke such 2 license. 3 § 6. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law. Effective immediately, the addition, amend- 5 ment and/or repeal of any rule or regulation necessary for the implemen- 6 tation of this act on its effective date are authorized to be made and 7 completed on or before such effective date.
