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A09006 Summary:

BILL NOA09006
 
SAME ASSAME AS S00768
 
SPONSORMeeks
 
COSPNSRDavila, Chandler-Waterman
 
MLTSPNSR
 
Amd §2, add §81, Cor L, amd §§490 & 502, V & T L
 
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.
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A09006 Actions:

BILL NOA09006
 
02/01/2024referred to correction
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A09006 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9006
 
SPONSOR: Meeks
  TITLE OF BILL: An act to amend the correction law, in relation to the creation of a department of corrections and community supervision identification form; to amend the vehicle and traffic law, in relation to the use of a department of corrections and community supervision identification form as proof of identity   PURPOSE: To create a department of corrections identification form that will contain: the individual's full name, individual's permanent address or address. that the individual intends to return to, individual's birth date, any other information that the commissioner shall deem relevant or necessary. This identification form and all other forms and/or documents shall be delivered by the Department of Corrections and Community Super- vision immediately upon the individual's release. This identification form will count for all of the necessary points needed to obtain a permanent identification card from the Department of Motor Vehicles.   SUMMARY OF PROVISIONS: The corrections law is amended by adding a new section, section 81. Section 81 states that the Department of Corrections commissioner with the cooperation with the commissioner of the Department of Motor Vehi- cles will create a department of corrections identification form imme- diately upon such individual's release which will contain the following: such individual's full name, such individual's permanent address, such individual's birth date, and any other information deemed relevant or necessary by the commissioner. In Section 81 subsection 3 the amended law states that a corrections facility shall deliver to each individual all forms, paperwork, and/or other documents to.be required by subsection 1 of Section 81 immediately upon such individual's release. Section 490 of the vehicle and traffic law is amended by adding a new subdivision 2-a which mandates that the identification form pursuant to section 81 shall constitute sufficient proof of identity for an individ- ual submitting an application for an identification card pursuant to this section, and the commissioner shall not require such individual to provide any further proof of identification. Subparagraph (i) of para- graph (a) of subdivision 3 of section 490 of the vehicle and traffic law is amended so that an individual can provide either their social securi- ty number or their department of corrections identification form pursu- ant to section 81 of corrections law to obtain a nontransferable iden- tification card. Subdivision 1 of section 502 of the vehicle and traffic law is amended so that an applicant for a driver's license may include a department of corrections identification form issued pursuant to section 81 of the correction law as proof of identification. Subdivi- sion 1 of section 502 is further amended to state that in the case of an applicant using a department of corrections identification form issued pursuant to section 81 of the correction law as proof of identity the commissioner shall not require such applicant to provide any additional proof of identity.   JUSTIFICATION: Paperwork that is required for the release of an incarcerated individual is often lost and/or delayed in arrival by the department of corrections. The lack of proper identification upon release from the Department of Corrections means that an affected individual is unable to obtain their permanent identification from the Department of Motor Vehi- cles. Without proper identification reentry into society is nearly impossible leading to the inability to apply for a job, open a bank account, apply for social services and more. This bill will correct a administrative oversight that leads to higher recidivism rates and will give individuals leaving corrections facilities a true second chance.   LEGISLATIVE HISTORY: A4583 of 21-22:,referred to correction.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately after it becomes law.
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A09006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9006
 
                   IN ASSEMBLY
 
                                    February 1, 2024
                                       ___________
 
        Introduced  by M. of A. MEEKS -- read once and referred to the Committee
          on Correction
 
        AN ACT to amend the correction law, in relation to  the  creation  of  a
          department  of  corrections  and  community supervision identification
          form; to amend the vehicle and traffic law, in relation to the use  of
          a  department  of corrections and community supervision identification
          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
    20    (d) Any other information the  commissioner  shall  deem  relevant  or
    21  necessary.
    22    3. A correctional facility shall deliver to each individual all forms,
    23  paperwork, and/or other documents required to be delivered to such indi-
    24  vidual  in  addition  to the identification form required by subdivision
    25  one of this section, immediately upon such individual's release.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02496-01-3

        A. 9006                             2
 
     1    § 3.  Section 490 of the vehicle and traffic law is amended by  adding
     2  a new subdivision 2-a to read as follows:
     3    2-a.   A department of corrections and community supervision identifi-
     4  cation form issued pursuant to section eighty-one of the correction  law
     5  shall  constitute sufficient proof of identity for an individual submit-
     6  ting an application for an identification card pursuant to this section,
     7  and the commissioner shall not require such individual  to  provide  any
     8  further proof of identification.
     9    § 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490
    10  of the vehicle and traffic law, as amended by chapter 487 of the laws of
    11  2012, is amended to read as follows:
    12    (i)  The commissioner shall upon submission of an appropriate applica-
    13  tion, upon payment of the prescribed fee, and upon being satisfied  that
    14  the  person described is the applicant and that such applicant meets the
    15  requirements set forth in subdivision two of this section, issue to such
    16  applicant a nontransferable  identification  card.    In  addition,  the
    17  commissioner  also shall require that an applicant for an identification
    18  card or renewal thereof provide his or her social  security  number,  or
    19  department  of corrections and community supervision identification form
    20  issued pursuant to section eighty-one of the correction law. The commis-
    21  sioner shall provide space so that an applicant may request  a  notation
    22  upon  such identification card that he or she is a veteran of the United
    23  States armed forces.
    24    § 5. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
    25  separately  amended  by  chapters  158  and  440 of the laws of 2021, is
    26  amended to read as follows:
    27    1. Application for license. Application for a driver's  license  shall
    28  be  made to the commissioner. The fee prescribed by law may be submitted
    29  with such application. The applicant shall furnish such proof of identi-
    30  ty, age, and fitness as  may  be  required  by  the  commissioner.  With
    31  respect  to  a non-commercial driver's license or learner's permit which
    32  does not meet federal standards for identification, in addition  to  the
    33  acceptable proofs of age and identity approved by the commissioner as of
    34  January first, two thousand nineteen, acceptable proof of identity shall
    35  also  include,  but  not  be limited to, a department of corrections and
    36  community supervision identification form  issued  pursuant  to  section
    37  eighty-one  of  the  correction law, a valid, unexpired foreign passport
    38  issued by the applicant's country of citizenship (which  shall  also  be
    39  eligible  as  proof  of age), a valid, unexpired consular identification
    40  document issued by a consulate from the applicant's country of  citizen-
    41  ship, or a valid foreign driver's license that includes a photo image of
    42  the  applicant  and  which is unexpired or expired for less than twenty-
    43  four months of its date of expiration, as primary forms of  such  proof.
    44  Nothing  contained  in  this subdivision shall be deemed to preclude the
    45  commissioner from approving additional proofs of identity  and  age.  In
    46  the case of an applicant using a department of corrections and community
    47  supervision identification form issued pursuant to section eighty-one of
    48  the  correction  law  as  proof  of identity, the commissioner shall not
    49  require such applicant to provide any additional proof of identity.  The
    50  license  shall display the sex designation of M, F, or X as certified by
    51  the applicant, with no additional documentation required. The  applicant
    52  may  amend  the  sex designation of their driver's license upon request.
    53  Upon amendment of the sex designation, the change shall be made consist-
    54  ent through all affiliated records within the control of the department.
    55  The commissioner may also provide that the application  procedure  shall
    56  include  the  taking  of  a  photo  image  or images of the applicant in

        A. 9006                             3
 
     1  accordance with rules and regulations prescribed by the commissioner. In
     2  addition, the commissioner also shall require that the applicant provide
     3  such applicant's social  security  number  or,  in  lieu  thereof,  with
     4  respect  to  an  application  for  a  non-commercial driver's license or
     5  learner's permit which does not meet federal standards  for  identifica-
     6  tion,  an  affidavit  signed  by  such applicant that they have not been
     7  issued a social security number. The  commissioner  also  shall  provide
     8  space  on  the  application so that the applicant may request a notation
     9  upon such license that such applicant is a veteran of the United  States
    10  armed  forces,  and  space  on the application so that the applicant may
    11  request a notation upon such license that he or she is a veteran of  the
    12  United  States  armed  forces,  and space on the application so that the
    13  applicant may register in the New York  state  organ  and  tissue  donor
    14  registry  under section forty-three hundred ten of the public health law
    15  with the following stated on the application in  clear  and  conspicuous
    16  type:
    17    "You  must  fill out the following section: Would you like to be added
    18  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    19  tion'."
    20    The  commissioner  of  health shall not maintain records of any person
    21  who checks "skip this question". Except where the application is made in
    22  person or electronically, failure to check a box shall  not  impair  the
    23  validity of an application, and failure to check "yes" or checking "skip
    24  this  question" shall not be construed to imply a wish not to donate. In
    25  the case of an applicant under eighteen years  of  age,  checking  "yes"
    26  shall  not constitute consent to make an anatomical gift or registration
    27  in the donate life registry, except as otherwise  provided  pursuant  to
    28  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    29  three hundred one of the public  health  law.  Where  an  applicant  has
    30  previously  consented  to  make  an anatomical gift or registered in the
    31  donate life registry, checking "skip this question" or failing to  check
    32  a  box  shall  not  impair that consent or registration. In addition, an
    33  applicant for a commercial driver's license who will operate  a  commer-
    34  cial motor vehicle in interstate commerce shall certify that such appli-
    35  cant  meets  the  requirements to operate a commercial motor vehicle, as
    36  set forth in public law 99-570, title XII, and title 49 of the  code  of
    37  federal  regulations,  and  all  regulations  promulgated  by the United
    38  States secretary of transportation under the hazardous materials  trans-
    39  portation  act.  In  addition,  an  applicant  for a commercial driver's
    40  license shall submit a medical certificate at such intervals as required
    41  by the federal motor carrier safety improvement act  of  1999  and  Part
    42  383.71(h)  of  title  49  of the code of federal regulations relating to
    43  medical certification and in a manner prescribed  by  the  commissioner.
    44  For  purposes  of  this  section  and  sections five hundred three, five
    45  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    46  certificate" and "medical certification" shall mean a form substantially
    47  in compliance with the form set forth in Part 391.43(h) of title  49  of
    48  the code of federal regulations. Upon a determination that the holder of
    49  a commercial driver's license has made any false statement, with respect
    50  to  the application for such license, the commissioner shall revoke such
    51  license.
    52    § 6. This act shall take effect on the one hundred eightieth day after
    53  it shall have become a law.  Effective immediately, the addition, amend-
    54  ment and/or repeal of any rule or regulation necessary for the implemen-
    55  tation of this act on its effective date are authorized to be  made  and
    56  completed on or before such effective date.
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