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A04040 Summary:

BILL NOA04040
 
SAME ASNo Same As
 
SPONSORWeprin
 
COSPNSRO'Donnell, Aubry
 
MLTSPNSRLentol
 
Amd 702 & 703, Cor L
 
Relates to certificates of relief from disabilities issued by courts or by the department of corrections and community supervision.
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A04040 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4040
 
SPONSOR: Weprin
  TITLE OF BILL: An act to amend the correction law, in relation to certificates of relief from disabilities   PURPOSE OR GENERAL IDEA OF BILL: To make the statutes governing the issuance of certificates of relief from disabilities and certificates of good conduct consistent.   SUMMARY OF SPECIFIC 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.   PRIOR LEGISLATIVE HISTORY: Referred to correction 2011-2016. A similar bill A2204 passed the Assem- bly in 2013 and was returned to third reading in 2014, and as A2479 passed the Assembly in 2015.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: 90 days.
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A04040 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4040
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  WEPRIN,  O'DONNELL,  AUBRY  -- 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;
     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,  [unless]  when  the
    17  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;
    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.
                                                                   LBD05033-01-7
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