S T A T E O F N E W Y O R K
________________________________________________________________________
7282
2011-2012 Regular Sessions
I N A S S E M B L Y
April 27, 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 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 2 of section 702 of the correction law, as
amended by chapter 342 of the laws of 1972, is amended to read as
follows:
2. Such certificate shall [not] be issued by the court [unless] WHEN
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;
(b) The relief to be granted by the certificate is consistent with the
rehabilitation of the eligible offender; and
(c) The relief to be granted by the certificate is consistent with the
public interest.
S 2. Subdivision 3 of section 703 of the correction law, as amended by
section 34 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
3. The department shall [not] issue [any] A certificate of relief from
disabilities pursuant to subdivisions one or two, [unless] WHEN the
department is satisfied that:
(a) The person to whom it is to be granted is an eligible offender, as
defined in section seven hundred;
(b) The relief to be granted by the certificate is consistent with the
rehabilitation of the eligible offender; and
(c) The relief to be granted by the certificate is consistent with the
public interest.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10842-01-1