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Assembly Bill A4040

2017-2018 Legislative Session

Relates to certificates of relief from disabilities

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Archive: Last Bill Status - On Floor Calendar

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2017-A4040 (ACTIVE) - Details

Law Section:
Correction Law
Laws Affected:
Amd §§702 & 703, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7282
2013-2014: A4593
2015-2016: A2498
2019-2020: A3993
2021-2022: A8902
2023-2024: A7194

2017-A4040 (ACTIVE) - Summary

Relates to certificates of relief from disabilities issued by courts or by the department of corrections and community supervision.

2017-A4040 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4040
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   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.
   § 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.
   §  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.

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