New York State Assembly

 
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A07194 Summary:

A07194 Actions:

A07194 Committee Votes:

Committee:CORRECTION   Chair:Dilan      
DATE:04/16/2024AYE/NAY:9/4  Action: Favorable         
Dilan
Aye
Giglio
Nay
Colton
Aye
Palmesano
Nay
Burgos
Aye
DiPietro
Nay
Burdick
Aye
DeStefano
Nay
Kelles
Aye
Epstein
Aye
Gibbs
Aye
Meeks
Aye
Levenberg
Aye

A07194 Floor Votes:

A07194 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A7194
 
SPONSOR: Dilan

 
TITLE OF BILL:
 
An act to amend the correction law, in relation to certificates of
relief from disabilities
 
 
PURPOSE:
 
To make the statutes governing the issuance of certificates of relief
from disabilities and certificates of good conduct consistent.
 
 
SUMMARY OF PROVISIONS:
 
Sections one and two of the bill amends sections 702 and 703 of the
correction law regarding the issuance of a certificate of relief from
disabilities to conform to section 703-b of the correction law regarding
certificates of good conduct.

Section three of the bill is the effective date.
 
 
JUSTIFICATION:
 
The correction law provides that a certificate of good conduct shall be
issued where the Parole Board is satisfied that the applicant  is eligi-
ble, the relief to be granted by the certificate is consistent with the
rehabilitation of the applicant and is consistent with the public inter-
est. This bill conforms the provisions of the correction law governing
certificates of relief from disabilities to provide for the same stand-
ard.
 
 
LEGISLATIVE HISTORY:
 
05/31/18 reported
 
05/31/18 advanced to third reading cal.983
 
3/26/19 reported
 
3/08/20 - ordered to third reading cal. 158
 
6/01/22 - passed Assembly
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
90 days after the bill becomes law.

A07194 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7194
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 12, 2023
                                       ___________
 
        Introduced  by M. of A. DILAN -- read once and referred to the Committee
          on Correction
 
        AN ACT to amend the correction  law,  in  relation  to  certificates  of
          relief from disabilities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 702  of  the  correction  law,  as
     2  amended  by  chapter  342  of  the  laws  of 1972, is amended to read as
     3  follows:
     4    2. Such certificate shall [not] be issued by the court  [unless]  when
     5  the court is satisfied that:
     6    (a) The person to whom it is to be granted is an eligible offender, as
     7  defined in section seven hundred of this article;
     8    (b) The relief to be granted by the certificate is consistent with the
     9  rehabilitation of the eligible offender; and
    10    (c) The relief to be granted by the certificate is consistent with the
    11  public interest.
    12    § 2. Subdivision 3 of section 703 of the correction law, as amended by
    13  section  34 of subpart B of part C of chapter 62 of the laws of 2011, is
    14  amended to read as follows:
    15    3. The department shall [not] issue [any] a certificate of relief from
    16  disabilities pursuant to  subdivisions  one  or  two  of  this  section,
    17  [unless] when the department is satisfied that:
    18    (a) The person to whom it is to be granted is an eligible offender, as
    19  defined in section seven hundred of this article;
    20    (b) The relief to be granted by the certificate is consistent with the
    21  rehabilitation of the eligible offender; and
    22    (c) The relief to be granted by the certificate is consistent with the
    23  public interest.
    24    §  3.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01273-01-3

A07194 LFIN:

 
NO LFIN

A07194 Chamber Video/Transcript: