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Assembly Bill A3814

2009-2010 Legislative Session

Relates to certificates of relief from disabilities issued by the board of parole

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Archive: Last Bill Status - On Floor Calendar

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2009-A3814 (ACTIVE) - Details

See Senate Version of this Bill:
S4689
Law Section:
Correction Law
Laws Affected:
Amd ยง703, Cor L

2009-A3814 (ACTIVE) - Summary

Relates to certificates of relief from disabilities issued by the board of parole.

2009-A3814 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3814

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. 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 issued by the board of parole

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision 3 and subdivision 5 of
section 703 of the correction law, as amended by chapter 342 of the laws
of 1972, are amended and a  new  subdivision  7  is  added  to  read  as
follows:
  [The]  EXCEPT  AS  OTHERWISE  PROVIDED  IN  SUBDIVISION  SEVEN OF THIS
SECTION, THE board of parole shall not issue any certificate  of  relief
from  disabilities  pursuant to [subdivisions] SUBDIVISION one or two OF
THIS SECTION, unless the board is satisfied that:
  5. [In] EXCEPT AS OTHERWISE PROVIDED  IN  SUBDIVISION  SEVEN  OF  THIS
SECTION,  IN granting or revoking a certificate of relief from disabili-
ties the action of the board of parole shall be by unanimous vote of the
members authorized to grant or  revoke  parole.  Such  action  shall  be
deemed a judicial function and shall not be reviewable if done according
to law.
  7.  WHERE A CERTIFICATE OF RELIEF FROM DISABILITIES IS SOUGHT PURSUANT
TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION  ON  A  JUDGMENT  OF
CONVICTION  RENDERED  BY A FEDERAL COURT IN THIS STATE, AND THE BOARD OF
PAROLE IS IN RECEIPT OF A WRITTEN RECOMMENDATION IN FAVOR OF  THE  ISSU-
ANCE OF SUCH CERTIFICATE FROM THE CHIEF PROBATION OFFICER OF THE FEDERAL
DISTRICT  WHERE  SUCH CONVICTION WAS OBTAINED, THE BOARD SHALL, PROVIDED
SUCH RECOMMENDATION IS BASED UPON A FINDING  BY  THE  FEDERAL  PROBATION
OFFICE  IN SUCH DISTRICT THAT, FOLLOWING ITS INVESTIGATION OF THE APPLI-
CANT, THE REQUIREMENTS OF PARAGRAPHS (A), (B)  AND  (C)  OF  SUBDIVISION
THREE  OF  THIS SECTION HAVE BEEN SATISFIED, ISSUE THE REQUESTED CERTIF-
ICATE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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