S T A T E O F N E W Y O R K
________________________________________________________________________
6108
2019-2020 Regular Sessions
I N A S S E M B L Y
February 28, 2019
___________
Introduced by M. of A. MOSLEY -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to certificates of disa-
bilities issued by courts
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]
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;
(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. The opening paragraph of subdivision 3 of section 703 of the
correction law, as amended by section 34 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
The department shall [not] issue [any] A certificate of relief from
disabilities pursuant to subdivisions one or two OF THIS SECTION,
[unless] PROVIDED THAT the department is satisfied that:
§ 3. Subdivision 2 of section 703-b of the correction law, as amended
by section 35 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
2. The department shall [have the power to] issue a certificate of
good conduct to any person previously convicted of a crime in any other
jurisdiction, when the department is satisfied that:
(a) The applicant has demonstrated that there exist specific facts and
circumstances, and specific sections of New York state law that have an
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10129-01-9
A. 6108 2
adverse impact on the applicant and warrant the application for relief
to be made in New York; and
(b) The provisions of paragraphs (a), (b) and (c) of subdivision one
of this section have been met.
§ 4. This act shall take effect immediately.