A. 4592 2
(a) Two or more convictions of felonies charged in separate counts of
one indictment or information shall be deemed to be one conviction;
(b) Two or more convictions of felonies charged in two or more indict-
ments or informations, filed in the same court prior to entry of judg-
ment under any of them, shall be deemed to be one conviction; and
(c) A plea or a verdict of gulity upon which sentence or the execution
of sentence has been suspended or upon which a sentence of probation,
conditional discharge, or unconditional discharge has been imposed shall
be deemed to be a conviction.]
§ 2. Section 701 of the correction law, as amended by chapter 342 of
the laws of 1972, subdivision 2 as amended by chapter 235 of the laws of
2007, is amended to read as follows:
§ 701. Certificate of [relief from disabilities] RESTORATION. 1. A
certificate of [relief from disabilities] RESTORATION may be granted as
provided in this article to relieve an eligible offender of any forfei-
ture or disability, or to remove any bar to his OR HER employment, auto-
matically imposed by law by reason of his OR HER conviction of the crime
or of the offense specified therein. Such certificate may be limited to
one or more enumerated forfeitures, disabilities or bars, or may relieve
the eligible offender of all forfeitures, disabilities and bars.
Provided, however, that no such certificate shall apply, or be construed
so as to apply, to the right of such person to retain or to be eligible
for public office.
2. Notwithstanding any other provision of law, except subdivision five
of section twenty-eight hundred six of the public health law or para-
graph (b) of subdivision two of section eleven hundred ninety-three of
the vehicle and traffic law, a conviction of a crime or of an offense
specified in a certificate of [relief from disabilities] RESTORATION
shall not cause automatic forfeiture of any license, other than a
license issued pursuant to section 400.00 of the penal law to a person
convicted of a class A-I felony or a violent felony offense, as defined
in subdivision one of section 70.02 of the penal law, permit, employ-
ment, or franchise, including the right to register for or vote at an
election, or automatic forfeiture of any other right or privilege, held
by the eligible offender and covered by the certificate. Nor shall such
conviction be deemed to be a conviction within the meaning of any
provision of law that imposes, by reason of a conviction, a bar to any
employment, a disability to exercise any right, or a disability to apply
for or to receive any license, permit, or other authority or privilege
covered by the certificate; provided, however, that a conviction for a
second or subsequent violation of any subdivision of section eleven
hundred ninety-two of the vehicle and traffic law committed within the
preceding ten years shall impose a disability to apply for or receive an
operator's license during the period provided in such law; and provided
further, however, that a conviction for a class A-I felony or a violent
felony offense, as defined in subdivision one of section 70.02 of the
penal law, shall impose a disability to apply for or receive a license
or permit issued pursuant to section 400.00 of the penal law. A certif-
icate of [relief from a disability] RESTORATION imposed pursuant to
subparagraph (v) of paragraph b of subdivision two and paragraphs i and
j of subdivision six of section five hundred ten of the vehicle and
traffic law may only be issued upon a determination that compelling
circumstances warrant such relief.
3. A certificate of [relief from disabilities] RESTORATION shall not,
however, in any way prevent any judicial, administrative, licensing or
other body, board or authority from [relying upon] CONSIDERING the
A. 4592 3
conviction specified therein as the basis for the exercise of its
discretionary power to suspend, revoke, refuse to issue or refuse to
renew any license, permit or other authority or privilege IN ACCORDANCE
WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THIS CHAPTER.
4. NOTWITHSTANDING ANY OTHER SECTION OF LAW, A CERTIFICATE OF GOOD
CONDUCT OR A CERTIFICATE OF RELIEF FROM DISABILITIES SHALL BE CONSTRUED
TO MEAN A CERTIFICATE OF RESTORATION. ANY CERTIFICATE OF RELIEF FROM
DISABILITIES OR CERTIFICATE OF GOOD CONDUCT ISSUED PRIOR TO THE EFFEC-
TIVE DATE OF THIS SUBDIVISION SHALL BE DEEMED THE EQUIVALENT OF A
CERTIFICATE OF RESTORATION AND SHALL REMAIN IN FULL FORCE AND EFFECT ON
AND AFTER SUCH EFFECTIVE DATE. NOTHING IN THE CHAPTER OF THE LAWS OF TWO
THOUSAND NINETEEN THAT ADDED THIS SUBDIVISION SHALL BE READ TO INVALI-
DATE A CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD
CONDUCT ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION ON OR
AFTER SUCH EFFECTIVE DATE.
§ 3. Section 702 of the correction law, as amended by chapter 342 of
the laws of 1972, the section heading as amended by chapter 931 of the
laws of 1976, subdivision 1 as amended by chapter 488 of the laws of
2011, subdivision 3 as amended by section 64 of part A of chapter 56 of
the laws of 2010 and subdivisions 4 and 6 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:
§ 702. Certificates of [relief from disabilities] RESTORATION issued
by courts. 1. Any court of this state may, in its discretion, issue a
certificate of [relief from disabilities] RESTORATION 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 disa-
bilities[,] 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 subdivision 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] 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.
3. Where a certificate of [relief from disabilities] RESTORATION is
not issued at the time sentence is pronounced it shall only be issued
thereafter upon verified application to the court. The court may, for
the purpose of determining whether such certificate shall be issued,
request its probation service to conduct an investigation of the appli-
cant, or if the court has no probation service it may request the
probation service of the county court for the county in which the court
is located to conduct such investigation. Any probation officer
requested to make an investigation pursuant to this section shall
A. 4592 4
prepare and submit to the court a written report in accordance with such
request.
4. Where the court has imposed a revocable sentence and the certif-
icate of [relief from disabilities] RESTORATION is issued prior to the
expiration or termination of the time which the court may revoke such
sentence, the certificate shall be deemed to be a temporary certificate
until such time as the court's authority to revoke the sentence has
expired or is terminated. While temporary, such certificate (a) may be
revoked by the court for violation of the conditions of the sentence,
and (b) shall be revoked by the court if it revokes the sentence and
commits the person to an institution under the jurisdiction of the state
department of corrections and community supervision. Any such revocation
shall be upon notice and after an opportunity to be heard. If the
certificate is not so revoked, it shall become a permanent certificate
upon expiration or termination of the court's authority to revoke the
sentence.
5. Any court that has issued a certificate of [relief from disabili-
ties] RESTORATION may at any time issue a new certificate to enlarge the
relief previously granted, provided, however, that the provisions of
subdivisions one through four of this section shall apply to the issu-
ance of any such new certificate.
6. Any written report submitted to the court pursuant to this section
is confidential and may not be made available to any person or public or
private agency except where specifically required or permitted by stat-
ute or upon specific authorization of the court. However, upon the
court's receipt of such report, the court shall provide a copy of such
report, or direct that such report be provided to the applicant's attor-
ney, or the applicant himself OR HERSELF, if he or she has no attorney.
In its discretion, the court may except from disclosure a part or parts
of the report which are not relevant to the granting of a certificate,
or sources of information which have been obtained on a promise of
confidentiality, or any other portion thereof, disclosure of which would
not be in the interest of justice. The action of the court excepting
information from disclosure shall be subject to appellate review. The
court, in its discretion, may hold a conference in open court or in
chambers to afford an applicant an opportunity to controvert or to
comment upon any portions of the report. The court may also conduct a
summary hearing at the conference on any matter relevant to the granting
of the application and may take testimony under oath.
§ 4. 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:
§ 703. Certificates of [relief from disabilities] RESTORATION issued
by the department of corrections and community supervision. 1. The
department of corrections and community supervision shall have the power
to issue a certificate of [relief from disabilities] RESTORATION to:
(a) any eligible offender who has been committed to an institution
under the jurisdiction of the state department of corrections and commu-
nity supervision. Such certificate may be issued by the department at
the time the offender is released from such institution under the
department's supervision or otherwise or at any time thereafter, UPON
APPLICATION OF THE OFFENDER;
(b) any eligible offender who resides within this state and whose
judgment of conviction was rendered by a court in any other jurisdic-
tion.
A. 4592 5
2. Where the department has issued a certificate of [relief from disa-
bilities] RESTORATION, the department may at any time issue a new
certificate enlarging the relief previously granted.
3. The department shall [not] issue [any] A certificate of [relief
from disabilities pursuant to subdivisions one or two, unless] RESTORA-
TION 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 OF THIS ARTICLE;
(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[.]; AND
(D) TWO YEARS HAVE ELAPSED SINCE RELEASE FROM CUSTODY FOR PERSONS WITH
A PRIOR FELONY CONVICTION SENTENCED PURSUANT TO SECTION 70.04, 70.06,
70.07, 70.08 OR 70.10 OF THE PENAL LAW.
4. Any certificate of [relief from disabilities] RESTORATION issued by
the department to an eligible offender who at time of the issuance of
the certificate is under the department's supervision, shall be deemed
to be a temporary certificate until such time as the eligible offender
is discharged from the department's supervision, and, while temporary,
such certificate may be revoked by the department for violation of the
conditions of community supervision. Revocation shall be upon notice to
the releasee, who shall be accorded an opportunity to explain the
violation prior to decision thereon. If the certificate is not so
revoked, it shall become a permanent certificate upon expiration or
termination of the department's jurisdiction over the individual.
5. In granting or revoking a certificate of [relief from disabilities]
RESTORATION the action of the department shall be deemed a judicial
function and shall not be reviewable if done according to law.
6. For the purpose of determining whether such certificate shall be
issued, the department may conduct an investigation of the applicant.
7. Presumption based on federal recommendation. Where a certificate of
[relief from disabilities] RESTORATION is sought pursuant to paragraph
(b) of subdivision one of this section on a judgment of conviction
rendered by a federal district court in this state and the department is
in receipt of a written recommendation in favor of the issuance of such
certificate from the chief probation officer of the district, the
department shall issue the requested certificate, unless it finds that
the requirements of paragraphs (a), (b) and (c) of subdivision three of
this section have not been satisfied; or that the interests of justice
would not be advanced by the issuance of the certificate.
§ 5. Sections 703-a and 703-b of the correction law are REPEALED.
§ 6. Section 704 of the correction law, as added by chapter 654 of the
laws of 1966, is amended to read as follows:
§ 704. Effect of revocation; use of revoked certificate. 1. Where a
certificate of [relief from disabilities] RESTORATION is deemed to be
temporary and such certificate is revoked, disabilities and forfeitures
thereby relieved shall be reinstated as of the date upon which the
person to whom the certificate was issued receives written notice of
such revocation. Any such person shall upon receipt of such notice
surrender the certificate to the issuing court or board.
2. A person who knowingly uses or attempts to use, a revoked certif-
icate of [relief from disabilities] RESTORATION in order to obtain or to
exercise any right or privilege that he would not be entitled to obtain
or to exercise without a valid certificate shall be guilty of a misde-
meanor.
A. 4592 6
§ 7. Section 705 of the correction law, as amended by section 36 of
subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 705. Forms and filing. 1. All applications, certificates and orders
of revocation necessary for the purposes of this article shall be upon
forms prescribed pursuant to agreement among the state commissioner of
corrections and community supervision, the chairman of the state board
of parole and the administrator of the state judicial conference. Such
forms relating to [certificates of relief from disabilities] CERTIF-
ICATES OF RESTORATION shall be distributed by the office of probation
and correctional alternatives [and forms relating to certificates of
good conduct shall be distributed] AND by the [commissioner of the]
department of corrections and community supervision.
2. Any court or department issuing or revoking any certificate pursu-
ant to this article shall immediately file a copy of the certificate, or
of the order of revocation, with the New York state identification and
intelligence system.
§ 8. Paragraph (h) of subdivision 1 of section 130 of the executive
law, as amended by section 1 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
(h) vagrancy or prostitution, and who has not subsequent to such
conviction received an executive pardon therefor or a CERTIFICATE OF
RESTORATION, A certificate of relief from disabilities or a certificate
of good conduct pursuant to article twenty-three of the correction law
to remove the disability under this section because of such conviction.
§ 9. Subdivision 3 of section 175 of the executive law, as amended by
section 2 of part LL of chapter 56 of the laws of 2010, is amended to
read as follows:
3. Upon a showing by the attorney general in an application for an
injunction that any person engaged in solicitation has been convicted in
this state or elsewhere of a felony or of a misdemeanor involving the
misappropriation, misapplication or misuse of the money or property of
another, and who has not, subsequent to such conviction, received execu-
tive pardon therefor or a certificate of [relief from disabilities]
RESTORATION or a certificate of good conduct pursuant to article twen-
ty-three of the correction law, the supreme court, after a hearing, may
enjoin such person from engaging in any solicitation.
§ 10. Clause 1 of paragraph (c) of subdivision 2 of section 435 of the
executive law, as amended by chapter 371 of the laws of 1974, is amended
to read as follows:
(1) a person convicted of a crime who has not received a pardon, [a
certificate of] OR A CERTIFICATE OF RESTORATION, good conduct, or [a
certificate of] relief from disabilities;
§ 11. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
amended by section 24 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
(c) If a person convicted of a felony or crime deemed hereby to be a
felony is subsequently pardoned by the governor of the state where such
conviction was had, or by the president of the United States, or shall
receive a CERTIFICATE OF RESTORATION, A certificate of relief from disa-
bilities or a certificate of good conduct pursuant to article twenty-
three of the correction law for the purpose of removing the disability
under this section because of such conviction, the tax commission may,
in its discretion, on application of such person and compliance with
subdivision two of this section, and on the submission to it of satis-
A. 4592 7
factory evidence of good moral character and suitability, again register
such person as a distributor under this article.
§ 12. Paragraph (a) of subdivision 1 of section 509-c of the vehicle
and traffic law, as amended by section 25 of part LL of chapter 56 of
the laws of 2010, is amended to read as follows:
(a) permanently, if that person has been convicted of or forfeited
bond or collateral which forfeiture order has not been vacated or the
subject of an order of remission upon a violation of section 130.30,
130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
offense committed under a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any
offense committed outside of this state which would constitute a
violation of the aforesaid sections of the penal law, provided, however,
the provisions of this paragraph shall not apply to convictions, suspen-
sions or revocations or forfeitures of bonds for collateral upon any of
the charges listed in this paragraph for violations which occurred prior
to September first, nineteen hundred seventy-four committed by a person
employed as a bus driver on September first, nineteen hundred seventy-
four. However, such disqualification may be waived provided that five
years have expired since the applicant was discharged or released from a
sentence of imprisonment imposed pursuant to conviction of an offense
that requires disqualification under this paragraph and that the appli-
cant shall have been granted a CERTIFICATE OF RESTORATION, A certificate
of relief from disabilities or a certificate of good conduct pursuant to
article twenty-three of the correction law.
§ 13. Subparagraph (i) of paragraph (a) of subdivision 1 of section
509-cc of the vehicle and traffic law, as amended by section 27 of part
LL of chapter 56 of the laws of 2010, is amended to read as follows:
(i) has been convicted of or forfeited bond or collateral which
forfeiture order has not been vacated or the subject of an order of
remission upon a violation committed prior to September fifteenth, nine-
teen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50,
130.60, or 130.65 of the penal law, or an offense committed under a
former section of the penal law which would constitute a violation of
the aforesaid sections of the penal law or any offense committed outside
of this state which would constitute a violation of the aforesaid
sections of the penal law, provided, however, the provisions of this
subparagraph shall not apply to convictions, suspensions or revocations
or forfeitures of bonds for collateral upon any of the charges listed in
this subparagraph for violations which occurred prior to September
first, nineteen hundred seventy-four committed by a person employed as a
bus driver on September first, nineteen hundred seventy-four. However,
such disqualification may be waived provided that five years have
expired since the applicant was discharged or released from a sentence
of imprisonment imposed pursuant to conviction of an offense that
requires disqualification under this paragraph and that the applicant
shall have been granted a CERTIFICATE OF RESTORATION, A certificate of
relief from disabilities or a certificate of good conduct pursuant to
article twenty-three of the correction law. When the certificate is
issued by a court for a conviction which occurred in this state, it
shall only be issued by the court having jurisdiction over such
conviction. Such certificate shall specifically indicate that the
authority granting such certificate has considered the bearing, if any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
A. 4592 8
school children to the applicant's prospective employment, prior to
granting such a certificate; or
§ 14. Subparagraph (iii) of paragraph d of subdivision 6 of section
510 of the vehicle and traffic law, as amended by section 29 of part LL
of chapter 56 of the laws of 2010, is amended to read as follows:
(iii) after such documentation, if required, is accepted, that such
person is granted a CERTIFICATE OF RESTORATION, A certificate of relief
from disabilities or a certificate of good conduct pursuant to article
twenty-three of the correction law by the court in which such person was
last penalized.
§ 15. Subparagraph (iii) of paragraph c of subdivision 2 of section
510-a of the vehicle and traffic law, as amended by section 30 of part
LL of chapter 56 of the laws of 2010, is amended to read as follows:
(iii) after such documentation, if required, is accepted, that such
person is granted a CERTIFICATE OF RESTORATION, A certificate of relief
from disabilities or a certificate of good conduct pursuant to article
twenty-three of the correction law by the court in which such person was
last penalized.
§ 16. Subdivision 2 of section 102 of the alcoholic beverage control
law, as amended by section 1 of part OO of chapter 56 of the laws of
2010, the opening paragraph as separately amended by section 3 of part
LL of chapter 56 of the laws of 2010 and paragraph (g) as separately
amended by chapter 232 of the laws of 2010, is amended to read as
follows:
2. No person holding any license hereunder, other than a license to
sell an alcoholic beverage at retail for off-premises consumption or a
license or special license to sell an alcoholic beverage at retail for
consumption on the premises where such license authorizes the sale of
liquor, beer and/or wine on the premises of a catering establishment,
hotel, restaurant, club, or recreational facility, shall knowingly
employ in connection with his OR HER business in any capacity whatsoev-
er, any person, who has been convicted of a felony, or any of the
following offenses, who has not subsequent to such conviction received
an executive pardon therefor removing any civil disabilities incurred
thereby, a CERTIFICATE OF RESTORATION, A certificate of relief from
disabilities or a certificate of good conduct pursuant to article twen-
ty-three of the correction law, or other relief from disabilities
provided by law, or the written approval of the state liquor authority
permitting such employment, to wit:
(a) Illegally using, carrying or possessing a pistol or other danger-
ous weapon;
(b) Making or possessing burglar's instruments;
(c) Buying or receiving or criminally possessing stolen property;
(d) Unlawful entry of a building;
(e) Aiding escape from prison;
(f) Unlawfully possessing or distributing habit forming narcotic
drugs;
(g) Violating subdivisions six, ten or eleven of section seven hundred
twenty-two of the former penal law as in force and effect immediately
prior to September first, nineteen hundred sixty-seven, or violating
[sections] SECTION 165.25 or 165.30 of the penal law;
(h) Vagrancy or prostitution; or
(i) Ownership, operation, possession, custody or control of a still
subsequent to July first, nineteen hundred fifty-four.
If, as hereinabove provided, the state liquor authority issues its
written approval for the employment by a licensee, in a specified capac-
A. 4592 9
ity, of a person previously convicted of a felony or any of the offenses
above enumerated, such person, may, unless he OR SHE is subsequently
convicted of a felony or any of such offenses, thereafter be employed in
the same capacity by any other licensee without the further written
approval of the authority unless the prior approval given by the author-
ity is terminated.
The liquor authority may make such rules as it deems necessary to
carry out the purpose and intent of this subdivision.
As used in this subdivision, "recreational facility" shall mean: (i)
premises that are part of a facility the principal business of which
shall be the providing of recreation in the form of golf, tennis, swim-
ming, skiing or boating; and (ii) premises in which the principal busi-
ness shall be the operation of a theatre, concert hall, opera house,
bowling establishment, excursion and sightseeing vessel, or accommo-
dation of athletic events, sporting events, expositions and other simi-
lar events or occasions requiring the accommodation of large gatherings
of persons.
§ 17. Paragraph (d) of subdivision 1 of section 110 of the alcoholic
beverage control law, as amended by chapter 114 of the laws of 2000, is
amended to read as follows:
(d) A statement that such applicant or the applicant's spouse has not
been convicted of a crime addressed by the provisions of section one
hundred twenty-six of this article which would forbid the applicant
(including any officers, directors, shareholders or partners listed in
the statement of identity under paragraph (a) of this subdivision or the
spouse of such person) or the applicant's spouse to traffic in alcoholic
beverages, a statement whether or not the applicant (including any offi-
cers, directors, shareholders or partners listed in the statement of
identity under paragraph (a) of this subdivision or the spouse of any
such person) or the applicant's spouse is an official described in
section one hundred twenty-eight of this article, and a description of
any crime that the applicant (including any officers, directors, share-
holders or partners listed under paragraph (a) of this subdivision or
the spouse of any such person) or the applicant's spouse has been
convicted of and whether such person has received a pardon, CERTIFICATE
OF RESTORATION, certificate of good conduct or certificate of relief
from disabilities; provided, however, that no person shall be denied any
license solely on the grounds that such person is the spouse of a person
otherwise disqualified from holding a license under this chapter.
§ 18. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
age control law, as amended by section 50 of subpart B of part C of
chapter 62 of the laws of 2011, are amended to read as follows:
1. Except as provided in subdivision one-a of this section, a person
who has been convicted of a felony or any of the misdemeanors mentioned
in section eleven hundred forty-six of the former penal law as in force
and effect immediately prior to September first, nineteen hundred
sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
penal law, unless subsequent to such conviction such person shall have
received an executive pardon therefor removing this disability, a
certificate of RESTORATION OR good conduct granted by the department of
corrections and community supervision, or a certificate of relief from
disabilities granted by the department of corrections and community
supervision or a court of this state pursuant to the provisions of arti-
cle twenty-three of the correction law to remove the disability under
this section because of such conviction.
A. 4592 10
1-a. Notwithstanding the provision of subdivision one of this section,
a corporation holding a license to traffic in alcoholic beverages shall
not, upon conviction of a felony or any of the misdemeanors or offenses
described in subdivision one of this section, be automatically forbidden
to traffic in alcoholic beverages, but the application for a license by
such a corporation shall be subject to denial, and the license of such a
corporation shall be subject to revocation or suspension by the authori-
ty pursuant to section one hundred eighteen of this chapter, consistent
with the provisions of article twenty-three-A of the correction law. For
any felony conviction by a court other than a court of this state, the
authority may request the department of corrections and community super-
vision to investigate and review the facts and circumstances concerning
such a conviction, and such department shall, if so requested, submit
its findings to the authority as to whether the corporation has
conducted itself in a manner such that discretionary review by the
authority would not be inconsistent with the public interest. The
department of corrections and community supervision may charge the
licensee or applicant a fee equivalent to the expenses of an appropriate
investigation under this subdivision. For any conviction rendered by a
court of this state, the authority may request the corporation, if the
corporation is eligible for a certificate of RESTORATION, A CERTIFICATE
OF relief from disabilities, to seek such a certificate from the court
which rendered the conviction IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF
THE CORRECTION LAW and to submit such a certificate as part of the
authority's discretionary review process.
4. A copartnership or a corporation, unless each member of the part-
nership, or each of the principal officers and directors of the corpo-
ration, is a citizen of the United States or an alien lawfully admitted
for permanent residence in the United States, not less than twenty-one
years of age, and has not been convicted of any felony or any of the
misdemeanors, specified in section eleven hundred forty-six of the
former penal law as in force and effect immediately prior to September
first, nineteen hundred sixty-seven, or of an offense defined in section
230.20 or 230.40 of the penal law, or if so convicted has received,
subsequent to such conviction, an executive pardon therefor removing
this disability, a certificate of RESTORATION OR good conduct granted by
the department of corrections and community supervision, or a certif-
icate of relief from disabilities granted by the department of
corrections and community supervision or a court of this state pursuant
to the provisions of article twenty-three of the correction law to
remove the disability under this section because of such conviction;
provided however that a corporation which otherwise conforms to the
requirements of this section and chapter may be licensed if each of its
principal officers and more than one-half of its directors are citizens
of the United States or aliens lawfully admitted for permanent residence
in the United States; and provided further that a corporation organized
under the not-for-profit corporation law or the education law which
otherwise conforms to the requirements of this section and chapter may
be licensed if each of its principal officers and more than one-half of
its directors are not less than twenty-one years of age and none of its
directors are less than eighteen years of age; and provided further that
a corporation organized under the not-for-profit corporation law or the
education law and located on the premises of a college as defined by
section two of the education law which otherwise conforms to the
requirements of this section and chapter may be licensed if each of its
A. 4592 11
principal officers and each of its directors are not less than eighteen
years of age.
§ 19. Subdivision 4 of section 96-z-3 of the agriculture and markets
law, as amended by section 4 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
(4) applicant, an officer, director, partner, or holder of ten per
centum or more of the voting stock of an applicant has been convicted of
a felony by a court of the United States or any state or territory ther-
eof, without subsequent pardon by the governor or other appropriate
authority of the state or jurisdiction in which such conviction
occurred, or the receipt of a certificate of RESTORATION, A CERTIFICATE
OF relief from disabilities or a certificate of good conduct pursuant to
article twenty-three of the correction law,
§ 20. Paragraph (d) of subdivision 4 of section 129 of the agriculture
and markets law, as amended by section 5 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
(d) The applicant or registrant, or an officer, director, partner or
holder of ten per centum or more of the voting stock of the applicant or
registrant, has been convicted of a felony by a court of the United
States or any state or territory thereof, without subsequent pardon by
the governor or other appropriate authority of the state or jurisdiction
in which such conviction occurred, or receipt of a certificate of RESTO-
RATION, A CERTIFICATE OF relief from disabilities or a certificate of
good conduct pursuant to article twenty-three of the correction law;
§ 21. Paragraph (c) of subdivision 2 of section 2897 of the public
health law, as amended by section 21 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
(c) If a person convicted of a felony or crime deemed hereby to be a
felony is subsequently pardoned by the governor of the state where such
conviction was had, or by the president of the United States, or shall
receive a certificate of RESTORATION, A CERTIFICATE OF relief from disa-
bilities or a certificate of good conduct pursuant to article twenty-
three of the correction law for the purpose of removing the disability
under this section because of such conviction, the board may, in its
discretion, on application of such person, and on the submission to it
of satisfactory evidence, restore to such person the right to practice
nursing home administration in this state.
§ 22. Section 3454 of the public health law, as amended by section 22
of part LL of chapter 56 of the laws of 2010, is amended to read as
follows:
§ 3454. Restoration of licenses after conviction of a felony. If a
person convicted of a felony or crime deemed to be a felony is subse-
quently pardoned by the governor of the state where such conviction was
had or by the president of the United States, or shall receive a certif-
icate of RESTORATION, A CERTIFICATE OF relief from disabilities or a
certificate of good conduct pursuant to article twenty-three of the
correction law to remove the disability under this section because of
such conviction, the commissioner may, in his OR HER discretion, on
application of such person, and on the submission to him OR HER of
satisfactory evidence, restore to such person the right to practice in
this state.
§ 23. Paragraph (a) of subdivision 2 of section 3510 of the public
health law, as added by chapter 175 of the laws of 2006, is amended to
read as follows:
(a) No person convicted of a felony shall continue to hold a license
to practice radiologic technology, unless he or she has been granted an
A. 4592 12
executive pardon, a certificate of RESTORATION, A CERTIFICATE OF relief
from disabilities or a certificate of good conduct for such felony and,
the commissioner, in his or her discretion, restores the license after
determining that the individual does not pose a threat to patient health
and safety.
§ 24. Paragraph 1 of subdivision (a) of section 189-a of the general
municipal law, as added by chapter 574 of the laws of 1978, is amended
to read as follows:
(1) a person convicted of a crime who has not received a pardon, a
certificate of RESTORATION, A CERTIFICATE OF good conduct or a certif-
icate of relief from disabilities;
§ 25. Paragraph (a) of subdivision 1 of section 191 of the general
municipal law, as amended by section 15 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
(a) Issuance of licenses to conduct games of chance. If such clerk or
department shall determine that the applicant is duly qualified to be
licensed to conduct games of chance under this article; that the member
or members of the applicant designated in the application to manage
games of chance are bona fide active members of the applicant and are
persons of good moral character and have never been convicted of a
crime, or, if convicted, have received a pardon, a certificate of RESTO-
RATION, A CERTIFICATE OF good conduct or a certificate of relief from
disabilities pursuant to article twenty-three of the correction law;
that such games are to be conducted in accordance with the provisions of
this article and in accordance with the rules and regulations of the
board and applicable local laws or ordinances and that the proceeds
thereof are to be disposed of as provided by this article, and if such
clerk or department is satisfied that no commission, salary, compen-
sation, reward or recompense whatever will be paid or given to any
person managing, operating or assisting therein except as in this arti-
cle otherwise provided; it shall issue a license to the applicant for
the conduct of games of chance upon payment of a license fee of twenty-
five dollars for each license period.
§ 26. Paragraph (a) of subdivision 1 of section 481 of the general
municipal law, as amended by section 5 of part MM of chapter 59 of the
laws of 2017, is amended to read as follows:
(a) Issuance of licenses to conduct bingo. If the governing body of
the municipality determines that the applicant is duly qualified to be
licensed to conduct bingo under this article; that the member or members
of the applicant designated in the application to conduct bingo are bona
fide active members of the applicant and are persons of good moral char-
acter and have never been convicted of a crime or, if convicted, have
received a pardon [or] A CERTIFICATE OF RESTORATION, a certificate of
good conduct or a certificate of relief from disabilities pursuant to
article twenty-three of the correction law; that such games of bingo are
to be conducted in accordance with the provisions of this article and in
accordance with the rules and regulations of the commission, and that
the proceeds thereof are to be disposed of as provided by this article,
and if the governing body is satisfied that no commission, salary,
compensation, reward or recompense what so ever will be paid or given to
any person holding, operating or conducting or assisting in the holding,
operation and conduct of any such games of bingo except as in this arti-
cle otherwise provided; and that no prize will be offered and given in
excess of the sum or value of five thousand dollars in any single game
and that the aggregate of all prizes offered and given in all of such
games conducted on a single occasion, under said license shall not
A. 4592 13
exceed the sum or value of fifteen thousand dollars, then the munici-
pality shall issue a license to the applicant for the conduct of bingo
upon payment of a license fee of eighteen dollars and seventy-five cents
for each bingo occasion; provided, however, that the governing body
shall refuse to issue a license to an applicant seeking to conduct bingo
in premises of a licensed commercial lessor where such governing body
determines that the premises presently owned or occupied by such appli-
cant are in every respect adequate and suitable for conducting bingo
games.
§ 27. Paragraph (a) of subdivision 9 of section 476 of the general
municipal law, as amended by section 16 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
(a) a person convicted of a crime who has not received a pardon or a
certificate of RESTORATION, good conduct or a certificate of relief from
disabilities pursuant to article twenty-three of the correction law;
§ 28. Paragraph b of subdivision 5 of section 84-a of the town law, as
amended by section 10 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the special town election; that I will have been a resident of this
state and of the town shown on the reverse side of this envelope for
thirty days next preceding the said election; that I am or on such date
will be, a registered voter of said town; that I will be unable to
appear personally on the day of said special town election at the poll-
ing place of the election district in which I am or will be a qualified
voter because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
special town election, and have not made any promise to influence the
giving or withholding of any such votes; that I have not made or become
directly or indirectly interested in any bet or wager depending upon the
result of this special town election; and that I have not been convicted
of bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate of RESTORATION, A
CERTIFICATE OF relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law removing my disa-
bility to register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS
EXPIRED.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date.............. Signature of Voter..................
§ 29. Paragraph b of subdivision 5 of section 213-b of the town law,
as amended by section 12 of part LL of chapter 56 of the laws of 2010,
is amended to read as follows:
A. 4592 14
b. On the reverse side of such envelope shall be printed the follow-
ing statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the district election; that I will have been a resident of this state
and of the district if any, shown on the reverse side of this envelope
for thirty days next preceding the said election and that I am or on
such date will be, a registered voter of said district; that I will be
unable to appear personally on the day of said district election at the
polling place of the said district in which I am or will be a qualified
voter because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become direct-
ly or indirectly interested in any bet or wager depending upon the
result of this district election; and that I have not been convicted of
bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate of RESTORATION, A
CERTIFICATE OF relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law removing my disa-
bility to register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS
EXPIRED.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date............. Signature of Voter ..............................
§ 30. Paragraph b of subdivision 5 of section 2018-a of the education
law, as amended by section 8 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States, and will be at
least eighteen years of age, on the date of the school district
election; that I will have been a resident of this state and of the
school district and school election district, if any, shown on the
reverse side of this envelope for thirty days next preceding the said
election and duly registered in the school district and school election
district, if any, shown on the reverse side of this envelope and that I
am or on such date will be, a qualified voter of said school district;
that I will be unable to appear personally on the day of said school
district election at the polling place of the said district in which I
am or will be a qualified voter because of the reason stated on my
application heretofore submitted; that I have not qualified, or do I
intend to vote, elsewhere than as set forth on the reverse side of this
A. 4592 15
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have not made any
promise to influence the giving or withholding of any such votes; that I
have not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school district election; and
that I have not been convicted of bribery or any infamous crime, or, if
so convicted, that I have been pardoned or restored to all the rights of
a citizen, without restriction as to the right of suffrage, or received
a certificate of RESTORATION, A CERTIFICATE OF relief from disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction law removing my disability to register and vote OR MY MAXIMUM
SENTENCE OF IMPRISONMENT HAS EXPIRED.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date.....................Signature of Voter ..........................
§ 31. Paragraph b of subdivision 6 of section 2018-b of the education
law, as amended by section 9 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States, and will be at
least eighteen years of age on the date of the school district election;
that I will have been a resident of this state and of the school
district and school election district, if any, shown on the reverse side
of this envelope for thirty days next preceding the said election and
that I am or on such date will be, a qualified voter of said school
district; that I will be unable to appear personally on the day of said
school district election at the polling place of the said district in
which I am or will be a qualified voter because of the reason stated on
my application heretofore submitted; that I have not qualified, or do I
intend to vote, elsewhere than as set forth on the reverse side of this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have not made any
promise to influence the giving or withholding of any such votes; that I
have not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school district election; and
that I have not been convicted of bribery or any infamous crime, or, if
so convicted, that I have been pardoned or restored to all the rights of
a citizen, without restriction as to the right of suffrage, or have
received a certificate of RESTORATION, A CERTIFICATE OF relief from
disabilities or a certificate of good conduct pursuant to article twen-
ty-three of the correction law removing my disability to vote OR MY
MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
A. 4592 16
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date....................Signature of Voter ...........................
§ 32. Subdivision 2 of section 69-o of the general business law, as
amended by chapter 575 of the laws of 1993, is amended to read as
follows:
2. (A) After the filing of an applicant's fingerprint cards, the
secretary of state shall forward such fingerprints to the division of
criminal justice services to be compared with the fingerprints on file
with the division of criminal justice services in order to ascertain
whether the applicant has been convicted of a felony involving fraud,
bribery, perjury or theft pursuant to article one hundred forty, one
hundred fifty-five, one hundred sixty, one hundred sixty-five, one
hundred seventy, one hundred seventy-five, one hundred seventy-six, one
hundred eighty, one hundred eighty-five, one hundred ninety, one hundred
ninety-five, two hundred or two hundred ten of the penal law; or has a
criminal action which has been pending for such a felony for under one
year without a final disposition unless adjourned in contemplation of
dismissal; provided, however, that for the purposes of this article,
none of the following shall be considered criminal convictions or
reported as such:
[(a)] (I) A conviction which has been vacated and replaced by a youth-
ful offender finding pursuant to article seven hundred twenty of the
criminal procedure law, or the applicable provisions of law of any other
jurisdiction; or
[(b)] (II) A conviction the records of which have been expunged or
sealed pursuant to the applicable provisions of the laws of this state
or of any other jurisdiction; or
[(c)] (III) A conviction for which a certificate of RESTORATION, A
CERTIFICATE OF relief from disabilities or a certificate of good conduct
has been issued pursuant to ARTICLE TWENTY-THREE OF the correction law.
(B) The division of criminal justice services shall retain the finger-
print cards and return the report of such convictions or pending cases,
if any, to the secretary of state who shall retain them in a confiden-
tial file for no more than one year, after which time such report shall
be destroyed.
(C) The secretary of state shall deny the application of any individ-
ual convicted of a felony involving fraud, bribery, perjury or theft
pursuant to article one hundred forty, one hundred fifty-five, one
hundred sixty, one hundred sixty-five, one hundred seventy, one hundred
seventy-five, one hundred seventy-six, one hundred eighty, one hundred
eighty-five, one hundred ninety, one hundred ninety-five, two hundred or
two hundred ten of the penal law; or has a criminal action which has
been pending for such a felony for under one year without a final dispo-
sition unless adjourned in contemplation of dismissal; provided, howev-
er, that for the purposes of this article, none of the following shall
be considered criminal convictions or reported as such:
(i) A conviction which has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the crimi-
nal procedure law, or the applicable provisions of law of any other
jurisdiction; or
A. 4592 17
(ii) A conviction the records of which have been expunged or sealed
pursuant to the applicable provisions of the laws of this state or of
any other jurisdiction; or
(iii) A conviction for which a certificate of RESTORATION, relief from
disabilities or a certificate of good conduct has been issued pursuant
to ARTICLE TWENTY-THREE OF the correction law.
§ 33. Subdivision 2 of section 74 of the general business law, as
amended by chapter 680 of the laws of 1967, paragraph (g) as amended by
chapter 232 of the laws of 2010 and paragraph (h) as amended by section
13 of part LL of chapter 56 of the laws of 2010, is amended to read as
follows:
2. Except as hereinafter in this subdivision provided, no such license
shall be issued to any person who has been convicted in this state or
any other state or territory of a felony, or any of the following
offenses, to wit: (a) illegally using, carrying or possessing a pistol
or other dangerous weapon; (b) making or possessing burglar's instru-
ments; (c) buying or receiving or criminally possessing stolen property;
(d) unlawful entry of a building; (e) aiding escape from prison; (f)
unlawfully possessing or distributing habit forming narcotic drugs; (g)
violating subdivision six of section seven hundred twenty-two of the
former penal law as in force and effect immediately prior to September
first, nineteen hundred sixty-seven, or violating section 165.25 or
165.30 of the penal law; (h) violating section seven hundred forty-two,
section seven hundred forty-three, or section seven hundred forty-five
of the said former penal law, or violating any section contained in
article two hundred fifty of the penal law. Except as hereinafter in
this subdivision provided, no license shall be issued to any person
whose license has been previously revoked by the department of state or
the authorities of any other state or territory because of conviction of
any of the offenses specified in this section. The provisions of this
subdivision shall not prevent the issuance of a license to any person
who, subsequent to his conviction, shall have received executive pardon
therefor removing this disability, or who has received a CERTIFICATE OF
RESTORATION, A certificate of relief from disabilities or a certificate
of good conduct pursuant to article twenty-three of the correction law
to remove the disability under this section because of such conviction
or previous license revocation occasioned thereby.
§ 34. Subdivision 1 of section 81 of the general business law, as
amended by section 14 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
1. The holder of any license certificate issued pursuant to this arti-
cle may employ to assist him in his work of private detective or inves-
tigator or bail enforcement agent as described in section seventy-one of
this article and in the conduct of such business as many persons as he
may deem necessary, and shall at all times during such employment be
legally responsible for the good conduct in the business of each and
every person so employed.
No holder of any unexpired license certificate issued pursuant to this
article shall knowingly employ in connection with his or its business in
any capacity whatsoever, any person who has been convicted of a felony
or any of the offenses specified in subdivision two of section seventy-
four of this article, and who has not subsequent to such conviction
received executive pardon therefor removing this disability, or received
a certificate of RESTORATION, relief from disabilities or a certificate
of good conduct pursuant to article twenty-three of the correction law
to remove the disability under this section because of such a
A. 4592 18
conviction, or any person whose private detective or investigator's
license or bail enforcement agent's license was revoked or application
for such license was denied by the department of state or by the author-
ities of any other state or territory because of conviction of any of
such offenses. Should the holder of an unexpired license certificate
falsely state or represent that a person is or has been in his employ,
such false statement or misrepresentation shall be sufficient cause for
the revocation of such license. Any person falsely stating or represent-
ing that he is or has been a detective or employed by a detective agency
or that he is or has been a bail enforcement agent or employed by a bail
enforcement agency shall be guilty of a misdemeanor.
§ 35. Paragraph 4 of subsection (d) of section 2108 of the insurance
law, as amended by section 18 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
(4) This subsection shall not prevent the employment of or the issu-
ance of a license to any person who, subsequent to his conviction, shall
have received executive pardon therefor removing this disability, or who
has received a certificate of RESTORATION, relief from disabilities or a
certificate of good conduct pursuant to article twenty-three of the
correction law to remove the disability under this section because of
such conviction or previous license revocation occasioned thereby.
§ 36. Subdivision 6 of section 369 of the banking law, as amended by
chapter 164 of the laws of 2003 and paragraph (b) as amended by section
6 of part LL of chapter 56 of the laws of 2010, is amended to read as
follows:
6. The superintendent may refuse to issue a license pursuant to this
article if he shall find that the applicant, or any person who is a
director, officer, partner, agent, employee or substantial stockholder
of the applicant, (a) has been convicted of a crime in any jurisdiction
or (b) is associating or consorting with any person who has, or persons
who have, been convicted of a crime or crimes in any jurisdiction or
jurisdictions; provided, however, that the superintendent shall not
issue such a license if he shall find that the applicant, or any person
who is a director, officer, partner, agent, employee or substantial
stockholder of the applicant, has been convicted of a felony in any
jurisdiction or of a crime which, if committed within this state, would
constitute a felony under the laws thereof. For the purposes of this
article, a person shall be deemed to have been convicted of a crime if
such person shall have pleaded guilty to a charge thereof before a court
or magistrate, or shall have been found guilty thereof by the decision
or judgment of a court or magistrate or by the verdict of a jury, irre-
spective of the pronouncement of sentence or the suspension thereof,
unless such plea of guilty, or such decision, judgment or verdict, shall
have been set aside, reversed or otherwise abrogated by lawful judicial
process or unless the person convicted of the crime shall have received
a pardon therefor from the president of the United States or the gover-
nor or other pardoning authority in the jurisdiction where the
conviction was had, or shall have received a certificate of RESTORATION,
relief from disabilities or a certificate of good conduct pursuant to
article twenty-three of the correction law to remove the disability
under this article because of such conviction. The term "substantial
stockholder," as used in this subdivision, shall be deemed to refer to a
person owning or controlling ten per centum or more of the total
outstanding stock of the corporation in which such person is a stock-
holder. In making a determination pursuant to this subdivision, the
superintendent shall require fingerprinting of the applicant. Such fing-
A. 4592 19
erprints shall be submitted to the division of criminal justice services
for a state criminal history record check, as defined in subdivision one
of section three thousand thirty-five of the education law, and may be
submitted to the federal bureau of investigation for a national criminal
history record check.
§ 37. Paragraph 5 of subdivision a of section 265.20 of the penal law,
as amended by chapter 235 of the laws of 2007, is amended to read as
follows:
5. Possession of a rifle or shotgun by a person other than a person
who has been convicted of a class A-I felony or a violent felony
offense, as defined in subdivision one of section 70.02 of this chapter,
who has been convicted as specified in subdivision four of section
265.01 OF THIS ARTICLE to whom a certificate of RESTORATION OR good
conduct has been issued [pursuant to section seven hundred three-b of
the correction law].
§ 38. Section 751 of the correction law, as amended by chapter 284 of
the laws of 2007, is amended to read as follows:
§ 751. Applicability. The provisions of this article shall apply to
any application by any person for a license or employment at any public
or private employer, who has previously been convicted of one or more
criminal offenses in this state or in any other jurisdiction, and to any
license or employment held by any person whose conviction of one or more
criminal offenses in this state or in any other jurisdiction preceded
such employment or granting of a license, except where a mandatory
forfeiture, disability or bar to employment is imposed by law, and has
not been removed by an executive pardon, OR A certificate of RESTORA-
TION, relief from disabilities or certificate of good conduct. Nothing
in this article shall be construed to affect any right an employer may
have with respect to an intentional misrepresentation in connection with
an application for employment made by a prospective employee or previ-
ously made by a current employee.
§ 39. Subdivision 2 of section 753 of the correction law, as added by
chapter 931 of the laws of 1976, is amended to read as follows:
2. In making a determination pursuant to section seven hundred fifty-
two of this [chapter] ARTICLE, the public agency or private employer
shall also give consideration to a certificate of RESTORATION, relief
from disabilities or a certificate of good conduct issued to the appli-
cant, which certificate shall create a presumption of rehabilitation in
regard to the offense or offenses specified therein.
§ 40. The closing paragraph of subdivision 4 of section 79-a of the
civil rights law, as amended by section 7 of part LL of chapter 56 of
the laws of 2010, is amended to read as follows:
5. Nothing in this section shall be deemed to preclude the issuance of
a certificate of relief from disabilities, CERTIFICATE OF RESTORATION or
a certificate of good conduct pursuant to article twenty-three of the
correction law to a person who previously has been sentenced to impri-
sonment for life.
§ 41. The first undesignated paragraph of section 440-a of the real
property law, as amended by section 23 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
No person, co-partnership, limited liability company or corporation
shall engage in or follow the business or occupation of, or hold himself
or itself out or act temporarily or otherwise as a real estate broker or
real estate salesman in this state without first procuring a license
therefor as provided in this article. No person shall be entitled to a
license as a real estate broker under this article, either as an indi-
A. 4592 20
vidual or as a member of a co-partnership, or as a member or manager of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over, a citizen of the United States or
an alien lawfully admitted for permanent residence in the United States.
No person shall be entitled to a license as a real estate salesman under
this article unless he or she is over the age of eighteen years. No
person shall be entitled to a license as a real estate broker or real
estate salesman under this article who has been convicted in this state
or elsewhere of a felony, of a sex offense, as defined in subdivision
two of section one hundred sixty-eight-a of the correction law or any
offense committed outside of this state which would constitute a sex
offense, or a sexually violent offense, as defined in subdivision three
of section one hundred sixty-eight-a of the correction law or any
offense committed outside this state which would constitute a sexually
violent offense, and who has not subsequent to such conviction received
executive pardon therefor or a certificate of RESTORATION, relief from
disabilities or a certificate of good conduct pursuant to article twen-
ty-three of the correction law, to remove the disability under this
section because of such conviction. No person shall be entitled to a
license as a real estate broker or real estate salesman under this arti-
cle who does not meet the requirements of section 3-503 of the general
obligations law.
§ 42. Paragraph (a) of subdivision 1 of section 20-438 of the adminis-
trative code of the city of New York is amended to read as follows:
(a) Issuance of licenses to conduct games of chance. If such depart-
ment shall determine that the applicant is duly qualified to be licensed
to conduct games of chance under this subchapter; that the members of
the applicant designated in the application to conduct games of chance
are bona fide active members of the applicant and are persons of good
moral character and have never been convicted of a crime, or, if
convicted, have received a pardon or a certificate of RESTORATION OR A
CERTIFICATE OF good conduct; that such games are to be conducted in
accordance with the provisions of this subchapter and in accordance with
the rules and regulations of the board and that the proceeds thereof are
to be disposed of as provided by this subchapter; and if such department
is satisfied that no commission, salary, compensation, reward or recom-
pense whatever will be paid or given to any person holding, operating or
conducting or assisting in the holding, operation and conduct of any
such games except as in this subchapter otherwise provided; and that no
prize will be given in excess of the sum or value of one hundred dollars
in any single game and that the aggregate of all prizes given on one
occasion, under said license shall not exceed the sum or value of one
thousand dollars, the department shall issue a license to the applicant
for the conduct of games of chance upon payment of a license fee of
twenty-five dollars for each license period.
§ 43. Paragraph (a) of subdivision 5 of section 2806 of the public
health law, as amended by section 20 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
(a) Except as provided in paragraphs (b) and (d) of this subdivision,
anything contained in this section or in a certificate of RESTORATION,
relief from disabilities or a certificate of good conduct issued pursu-
ant to article twenty-three of the correction law to the contrary
notwithstanding, a hospital operating certificate of a hospital under
control of a controlling person as defined in paragraph (a) of subdivi-
sion twelve of section twenty-eight hundred one-a of this article, or
under control of any other entity, shall be revoked upon a finding by
A. 4592 21
the department that such controlling person or any individual, member of
a partnership or shareholder of a corporation to whom or to which an
operating certificate has been issued, has been convicted of a class A,
B or C felony, or a felony related in any way to any activity or program
subject to the regulations, supervision, or administration of the
department or of the office of temporary and disability assistance or in
violation of the public officers law in a court of competent jurisdic-
tion in the state, or of a crime outside the state which, if committed
within the state, would have been a class A, B or C felony or a felony
related in any way to any activity or program subject to the regu-
lations, supervision, or administration of the department or of the
office of temporary and disability assistance or in violation of the
public officers law.
§ 44. Subdivision 5 of section 530 of the vehicle and traffic law, as
amended by section 31 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
(5) A restricted use license or privilege shall be valid for the oper-
ation of any motor vehicle, except a vehicle for hire as a taxicab,
livery, coach, limousine, van or wheelchair accessible van or tow truck
as defined in this chapter subject to the conditions set forth herein,
which the holder would otherwise be entitled to operate had his drivers
license or privilege not been suspended or revoked. Notwithstanding
anything to the contrary in a certificate of RESTORATION, relief from
disabilities or a certificate of good conduct issued pursuant to article
twenty-three of the correction law, a restricted use license shall not
be valid for the operation of a commercial motor vehicle. A restricted
use license shall not be valid for the operation of a vehicle for hire
as a taxicab, livery, coach, limousine, van or wheelchair accessible van
or tow truck where the holder thereof had his or her drivers license
suspended or revoked and (i) such suspension or revocation is mandatory
pursuant to the provisions of subdivision two or two-a of section five
hundred ten of this title; or (ii) any such suspension is permissive for
habitual or persistent violations of this chapter or any local law
relating to traffic as set forth in paragraph d or i of subdivision
three of section five hundred ten of this title; or (iii) any such
suspension is permissive and has been imposed by a magistrate, justice
or judge of any city, town or village, any supreme court justice, any
county judge, or judge of a district court. Except for a commercial
motor vehicle as defined in subdivision four of section five hundred
one-a of this title, the restrictions on types of vehicles which may be
operated with a restricted license contained in this subdivision shall
not be applicable to a restricted license issued to a person whose
license has been suspended pursuant to paragraph three of subdivision
four-e of section five hundred ten of this title.
§ 45. Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by section 32 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
(ii) that such person is granted a certificate of RESTORATION, relief
from disabilities or a certificate of good conduct pursuant to article
twenty-three of the correction law.
Provided, however, that the commissioner may, on a case by case basis,
refuse to restore a license which otherwise would be restored pursuant
to this item, in the interest of the public safety and welfare.
A. 4592 22
§ 46. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by section 34 of part LL of
chapter 56 of the laws of 2010, is amended to read as follows:
(1) Notwithstanding anything to the contrary contained in a certif-
icate of RESTORATION, relief from disabilities or a certificate of good
conduct issued pursuant to article twenty-three of the correction law,
where a suspension or revocation, other than a revocation required to be
issued by the commissioner, is mandatory pursuant to paragraph (a) or
(b) of this subdivision, the magistrate, justice or judge shall issue an
order suspending or revoking such license upon sentencing, and the
license holder shall surrender such license to the court. Except as
hereinafter provided, such suspension or revocation shall take effect
immediately.
§ 47. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by section 33 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of RESTORATION, relief from disabilities or a certif-
icate of good conduct pursuant to article twenty-three of the correction
law.
§ 48. Item (iii) of clause a of subparagraph 3 of paragraph (e) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by section 35 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of RESTORATION, relief from disabilities or a certif-
icate of good conduct pursuant to article twenty-three of the correction
law.
§ 49. Item (iii) of clause c of subparagraph 1 of paragraph (d) of
subdivision 2 of section 1194 of the vehicle and traffic law, as amended
by section 37 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of RESTORATION, relief from disabilities or a certif-
icate of good conduct pursuant to article twenty-three of the correction
law by the court in which such person was last penalized.
§ 50. Paragraph (g) of subdivision 7 of section 1196 of the vehicle
and traffic law, as amended by section 38 of part LL of chapter 56 of
the laws of 2010, is amended to read as follows:
(g) Notwithstanding anything to the contrary contained in a certif-
icate of RESTORATION, relief from disabilities or a certificate of good
conduct issued pursuant to article twenty-three of the correction law,
any conditional license or privilege issued to a person convicted of a
violation of any subdivision of section eleven hundred ninety-two of
this article shall not be valid for the operation of any commercial
motor vehicle. In addition, no such conditional license or privilege
shall be valid for the operation of a taxicab as defined in this chap-
ter.
§ 51. This act shall take effect on the one hundred eightieth day
after it shall have become a law provided, however, that the amendments
to subdivision 5 of section 530 of the vehicle and traffic law made by
section forty-four of this act shall not affect the expiration of such
subdivision and shall be deemed to expire therewith.