Assembly Bill A7597

Signed By Governor
2011-2012 Legislative Session

Provides that where the court imposes a revocable sentence of imprisonment the court shall initially determine the fitness of an eligible offender for a certificate

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Sponsored By

Archive: Last Bill Status Via S5757 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2011-A7597 - Details

Law Section:
Correction Law
Laws Affected:
Amd §702, Cor L

2011-A7597 - Summary

Provides that where the court imposes a revocable sentence of imprisonment or imposes a sentence other than one executed by commitment to an institution under jurisdiction of the state department of corrections and community supervision the court shall initially determine the fitness of an eligible offender for a certificate of relief from disability.

2011-A7597 - Bill Text download pdf 

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

                                  7597

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

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  the  issuance  of
  certificates of relief from disabilities

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

  Section 1. Subdivisions 1 and 2 of section 702 of the correction  law,
subdivision 1 as amended by section 32 of subpart B of part C of chapter
62  of  the  laws of 2011 and subdivision 2 as amended by chapter 342 of
the laws of 1972, are amended to read as follows:
  1. Any court of this state may, in its discretion, issue a certificate
of relief from disabilities to an eligible  offender  for  a  conviction
that occurred in such court, if the court either (a) imposed a revocable
sentence or (b) imposed a sentence other than one executed by commitment
to  an  institution  under  the  jurisdiction of the state department of
corrections and community supervision. Such certificate  may  be  issued
(i)  at  the  time  sentence  is  pronounced, in which case it may grant
relief from forfeitures, as well as from disabilities, or  (ii)  at  any
time  thereafter,  in  which  case  it shall apply only to disabilities.
WHERE SUCH COURT EITHER  IMPOSED  A  REVOCABLE  SENTENCE  OR  IMPOSES  A
SENTENCE  OTHER  THAN ONE EXECUTED BY COMMITMENT TO AN INSTITUTION UNDER
THE JURISDICTION OF THE STATE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION, THE COURT, UPON APPLICATION AND IN ACCORDANCE WITH SUBDIVI-
SION  TWO  OF  THIS SECTION, SHALL INITIALLY DETERMINE THE FITNESS OF AN
ELIGIBLE OFFENDER FOR SUCH CERTIFICATE PRIOR TO OR AT THE TIME  SENTENCE
IS PRONOUNCED.
  2.  Such  certificate  shall  [not]  be  issued  by the court [unless]
PROVIDED THAT the court is satisfied that:
  (a) The person to whom it is to be granted is an eligible offender, as
defined in section seven hundred OF THIS ARTICLE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11554-01-1

co-Sponsors

multi-Sponsors

2011-A7597A (ACTIVE) - Details

Law Section:
Correction Law
Laws Affected:
Amd §702, Cor L

2011-A7597A (ACTIVE) - Summary

Provides that where the court imposes a revocable sentence of imprisonment or imposes a sentence other than one executed by commitment to an institution under jurisdiction of the state department of corrections and community supervision the court shall initially determine the fitness of an eligible offender for a certificate of relief from disability.

2011-A7597A (ACTIVE) - Bill Text download pdf 

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

                                 7597--A
                                                        Cal. No. 423

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced  by  M.  of A. AUBRY, COLTON -- read once and referred to the
  Committee on Correction -- reported  from  committee,  advanced  to  a
  third  reading,  amended and ordered reprinted, retaining its place on
  the order of third reading

AN ACT to amend the correction law,  in  relation  to  the  issuance  of
  certificates of relief from disabilities

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

  Section 1. Subdivision 1 of section 702  of  the  correction  law,  as
amended  by  section 32 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  1. Any court of this state may, in its discretion, issue a certificate
of relief from disabilities to an eligible  offender  for  a  conviction
that occurred in such court, if the court either (a) imposed a revocable
sentence or (b) imposed a sentence other than one executed by commitment
to  an  institution  under  the  jurisdiction of the state department of
corrections and community supervision. Such certificate  may  be  issued
(i)  at  the  time  sentence  is  pronounced, in which case it may grant
relief from forfeitures, as well as from disabilities, or  (ii)  at  any
time  thereafter,  in  which  case  it shall apply only to disabilities.
WHERE SUCH COURT EITHER  IMPOSES  A  REVOCABLE  SENTENCE  OR  IMPOSES  A
SENTENCE  OTHER  THAN ONE EXECUTED BY COMMITMENT TO AN INSTITUTION UNDER
THE JURISDICTION OF THE STATE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION, THE COURT, UPON APPLICATION AND IN ACCORDANCE WITH SUBDIVI-
SION  TWO  OF  THIS SECTION, SHALL INITIALLY DETERMINE THE FITNESS OF AN
ELIGIBLE OFFENDER FOR SUCH CERTIFICATE PRIOR TO OR AT THE TIME  SENTENCE
IS PRONOUNCED.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11554-03-1

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