S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6957
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 27, 2019
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to collateral
   consequences of convictions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.   Short title. This act shall be known and may be cited as
 the "uniform collateral consequences of conviction act".
   § 2. The criminal procedure law is amended by adding a new article 435
 to read as follows:
                                ARTICLE 435
             UNIFORM COLLATERAL CONSEQUENCES OF CONVICTION ACT
 SECTION 435.00 DEFINITIONS.
         435.05 LIMITATION ON SCOPE.
         435.10 IDENTIFICATION,  COLLECTION  AND  PUBLICATION   OF   LAWS
                  REGARDING COLLATERAL CONSEQUENCES.
         435.15 NOTICE  OF COLLATERAL CONSEQUENCES IN PRETRIAL PROCEEDING
                  AND AT GUILTY PLEA.
         435.20 NOTICE OF COLLATERAL CONSEQUENCES AT SENTENCING AND  UPON
                  RELEASE.
         435.25 AUTHORIZATION  REQUIRED FOR COLLATERAL SANCTION; AMBIGUI-
                  TY.
         435.30 DECISION TO DISQUALIFY.
         435.35 EFFECT OF CONVICTION  BY  ANOTHER  STATE  OR  THE  UNITED
                  STATES; RELIEVED OR PARDONED CONVICTION.
         435.40 ORDER OF LIMITED RELIEF.
         435.45 CERTIFICATE OF RESTORATION OF RIGHTS.
         435.50 COLLATERAL  SANCTIONS  NOT  SUBJECT  TO  ORDER OF LIMITED
                  RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS.
         435.55 ISSUANCE, MODIFICATION AND REVOCATION OF ORDER OF LIMITED
                  RELIEF AND CERTIFICATE OF RESTORATION OF RIGHTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10330-01-9

 A. 6957                             2
 
         435.60 RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE OF DUE CARE.
         435.65 VICTIM'S RIGHTS.
         435.70 SAVINGS AND TRANSITIONAL PROVISIONS.
 § 435.00 DEFINITIONS.
   FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "COLLATERAL CONSEQUENCE" MEANS A COLLATERAL SANCTION OR A DISQUALI-
 FICATION.
   2. "COLLATERAL SANCTION" MEANS A PENALTY, DISABILITY, OR DISADVANTAGE,
 HOWEVER DENOMINATED, IMPOSED ON AN INDIVIDUAL AS A RESULT OF  THE  INDI-
 VIDUAL'S  CONVICTION  OF  AN  OFFENSE  WHICH APPLIES BY OPERATION OF LAW
 WHETHER OR NOT THE PENALTY, DISABILITY, OR DISADVANTAGE IS  INCLUDED  IN
 THE  JUDGMENT  OR  SENTENCE.  THE  TERM  DOES  NOT INCLUDE IMPRISONMENT,
 PROBATION,  PAROLE,  PRESUMPTIVE  RELEASE,  CONDITIONAL  RELEASE,   POST
 RELEASE SUPERVISION, FORFEITURE, RESTITUTION, FINE, ASSESSMENT, OR COSTS
 OF PROSECUTION.
   3.  "CONVICTION"  SHALL HAVE THE MEANING ASCRIBED TO IT IN SUBDIVISION
 THIRTEEN OF SECTION 1.20 OF THIS CHAPTER AND SHALL INCLUDE  ANY  ADJUDI-
 CATION  AS A JUVENILE DELINQUENT.  "CONVICTED" HAS A CORRESPONDING MEAN-
 ING.
   4. "DECISION-MAKER" MEANS THE STATE ACTING THROUGH A DEPARTMENT, AGEN-
 CY, OFFICER, OR  INSTRUMENTALITY,  INCLUDING  A  POLITICAL  SUBDIVISION,
 EDUCATIONAL  INSTITUTION,  BOARD,  OR COMMISSION, OR ITS EMPLOYEES, OR A
 GOVERNMENT CONTRACTOR, INCLUDING A SUBCONTRACTOR, MADE SUBJECT  TO  THIS
 ARTICLE BY CONTRACT, BY LAW OTHER THAN THIS ARTICLE, OR BY ORDINANCE.
   5.  "DISQUALIFICATION"  MEANS  A PENALTY, DISABILITY, OR DISADVANTAGE,
 HOWEVER DENOMINATED, THAT AN ADMINISTRATIVE AGENCY,  GOVERNMENTAL  OFFI-
 CIAL, OR COURT IN A CIVIL PROCEEDING IS AUTHORIZED, BUT NOT REQUIRED, TO
 IMPOSE  ON  AN  INDIVIDUAL  ON  GROUNDS  RELATING  TO  THE  INDIVIDUAL'S
 CONVICTION OF AN OFFENSE.
   6.  "OFFENSE"  MEANS  A  FELONY,  MISDEMEANOR,  AND  LESSER   INCLUDED
 OFFENSES,  UNDER  THE  LAWS  OF THIS STATE, ANOTHER STATE, OR THE UNITED
 STATES.
   7. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST,  ESTATE,
 TRUST,   PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  ASSOCIATION,  JOINT
 VENTURE, PUBLIC CORPORATION,  GOVERNMENT  OR  GOVERNMENTAL  SUBDIVISION,
 AGENCY, OR INSTRUMENTALITY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
   8.  "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
 BIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY  OR
 INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
 § 435.05 LIMITATION ON SCOPE.
   1. THIS ARTICLE SHALL NOT PROVIDE A BASIS FOR:
   (A) INVALIDATING A PLEA, CONVICTION, OR SENTENCE;
   (B) A CAUSE OF ACTION FOR MONEY DAMAGES; OR
   (C) A CLAIM FOR RELIEF FROM OR DEFENSE TO THE APPLICATION OF A COLLAT-
 ERAL  CONSEQUENCE  BASED  ON  A  FAILURE  TO COMPLY WITH SECTION 435.10,
 435.15 OR 435.20 OF THIS ARTICLE.
   2. THIS ARTICLE SHALL NOT AFFECT:
   (A) THE DUTY AN INDIVIDUAL'S ATTORNEY OWES TO THE INDIVIDUAL;
   (B) A CLAIM OR RIGHT OF A VICTIM OF AN OFFENSE; OR
   (C) A RIGHT OR REMEDY UNDER LAW OTHER THAN THIS ARTICLE  AVAILABLE  TO
 AN INDIVIDUAL CONVICTED OF AN OFFENSE.
 § 435.10 IDENTIFICATION,  COLLECTION  AND  PUBLICATION OF LAWS REGARDING
            COLLATERAL CONSEQUENCES.
   1. THE DIVISION OF CRIMINAL JUSTICE SERVICES:

 A. 6957                             3

   (A) SHALL IDENTIFY OR CAUSE TO BE  IDENTIFIED  ANY  PROVISION  IN  THE
 STATE  CONSTITUTION,  LAWS,  AND  ADMINISTRATIVE  RULES  WHICH IMPOSES A
 COLLATERAL SANCTION OR AUTHORIZES THE IMPOSITION OF A  DISQUALIFICATION,
 AND ANY PROVISION OF LAW THAT MAY AFFORD RELIEF FROM A COLLATERAL CONSE-
 QUENCE;
   (B)  NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTI-
 CLE, SHALL PREPARE OR CAUSE TO BE PREPARED A COLLECTION OF CITATIONS TO,
 AND THE TEXT OR SHORT DESCRIPTIONS OF, THE PROVISIONS  IDENTIFIED  UNDER
 PARAGRAPH (A) OF THIS SUBDIVISION;
   (C)  SHALL  UPDATE  OR CAUSE TO BE UPDATED THE COLLECTION WITHIN SIXTY
 DAYS AFTER EACH REGULAR SESSION OF THE LEGISLATURE; AND
   (D) IN COMPLYING WITH PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION,  MAY
 RELY  ON  THE  STUDY OF THIS STATE'S COLLATERAL SANCTIONS, DISQUALIFICA-
 TIONS, AND RELIEF PROVISIONS  PREPARED  BY  THE  NATIONAL  INSTITUTE  OF
 JUSTICE  DESCRIBED  IN SECTION 510 OF THE COURT SECURITY IMPROVEMENT ACT
 OF 2007, PUB. L. 110-177.
   2. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL INCLUDE OR CAUSE TO
 BE INCLUDED THE FOLLOWING STATEMENTS IN A PROMINENT MANNER AT THE BEGIN-
 NING OF THE COLLECTION REQUIRED BY SUBDIVISION ONE OF THIS SECTION:
   (A) THIS COLLECTION HAS NOT BEEN ENACTED INTO LAW AND  DOES  NOT  HAVE
 THE FORCE OF LAW.
   (B)  AN  ERROR OR OMISSION IN THIS COLLECTION OR IN ANY REFERENCE WORK
 CITED IN THIS COLLECTION IS  NOT  A  REASON  FOR  INVALIDATING  A  PLEA,
 CONVICTION,  OR  SENTENCE  OR  FOR NOT IMPOSING A COLLATERAL SANCTION OR
 AUTHORIZING A DISQUALIFICATION.
   (C) THE LAWS OF OTHER JURISDICTIONS  AND  LOCAL  MUNICIPALITIES  WHICH
 IMPOSE ADDITIONAL COLLATERAL SANCTIONS AND AUTHORIZE ADDITIONAL DISQUAL-
 IFICATIONS ARE NOT INCLUDED IN THIS COLLECTION.
   (D)  THIS  COLLECTION  DOES  NOT  INCLUDE  ANY  LAW OR OTHER PROVISION
 REGARDING THE IMPOSITION OF OR RELIEF FROM A COLLATERAL  SANCTION  OR  A
 DISQUALIFICATION   ENACTED  OR  ADOPTED  AFTER  THE  PREVIOUS  TIME  THE
 COLLECTION WAS PREPARED OR UPDATED.
   3. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PUBLISH OR CAUSE TO
 BE PUBLISHED THE COLLECTION PREPARED AND UPDATED AS REQUIRED BY SUBDIVI-
 SION ONE OF THIS SECTION. IF AVAILABLE, IT SHALL PUBLISH OR CAUSE TO  BE
 PUBLISHED,  AS PART OF THE COLLECTION, THE TITLE AND INTERNET ADDRESS OF
 THE MOST RECENT COLLECTION OF:
   (A) THE COLLATERAL CONSEQUENCES IMPOSED BY FEDERAL LAW; AND
   (B) ANY PROVISION OF FEDERAL LAW THAT MAY AFFORD RELIEF FROM A COLLAT-
 ERAL CONSEQUENCE.
   4. THE COLLECTION DESCRIBED IN SUBDIVISION THREE OF THIS SECTION  MUST
 BE AVAILABLE TO THE PUBLIC ON THE INTERNET WITHOUT CHARGE NOT LATER THAN
 THIRTY DAYS AFTER IT IS CREATED OR UPDATED.
 § 435.15 NOTICE OF COLLATERAL CONSEQUENCES IN PRETRIAL PROCEEDING AND AT
            GUILTY PLEA.
   1.  WHEN  AN  INDIVIDUAL RECEIVES FORMAL NOTICE THAT THE INDIVIDUAL IS
 CHARGED WITH AN OFFENSE, THE COURT SHALL CAUSE INFORMATION SUBSTANTIALLY
 SIMILAR TO THE FOLLOWING TO BE COMMUNICATED TO THE INDIVIDUAL:
                  NOTICE OF ADDITIONAL LEGAL CONSEQUENCES
   IF YOU PLEAD GUILTY OR ARE CONVICTED OF  AN  OFFENSE  YOU  MAY  SUFFER
 ADDITIONAL  LEGAL CONSEQUENCES BEYOND JAIL OR PRISON, PROBATION, PERIODS
 OF PAROLE, PRESUMPTIVE RELEASE, CONDITIONAL RELEASE, POST-RELEASE SUPER-
 VISION AND FINES. THESE CONSEQUENCES MAY INCLUDE:
   (A) BEING UNABLE TO GET OR KEEP SOME LICENSES, PERMITS, OR JOBS;
   (B) BEING UNABLE TO GET OR KEEP BENEFITS SUCH  AS  PUBLIC  HOUSING  OR
 EDUCATION;

 A. 6957                             4
 
   (C)  RECEIVING  A  HARSHER  SENTENCE  IF  YOU ARE CONVICTED OF ANOTHER
 OFFENSE IN THE FUTURE;
   (D) HAVING THE GOVERNMENT TAKE YOUR PROPERTY; AND
   (E) BEING UNABLE TO VOTE OR POSSESS A FIREARM.
   IF  YOU  ARE  NOT A UNITED STATES CITIZEN, A GUILTY PLEA OR CONVICTION
 MAY ALSO RESULT IN YOUR DEPORTATION, REMOVAL, EXCLUSION  FROM  ADMISSION
 TO THE UNITED STATES, OR DENIAL OF CITIZENSHIP.
   THE  LAW  MAY  PROVIDE  WAYS  TO  OBTAIN SOME RELIEF FROM THESE CONSE-
 QUENCES.
   FURTHER INFORMATION ABOUT THE CONSEQUENCES OF CONVICTION IS  AVAILABLE
 ON  THE  INTERNET  AT  THE  NEW  YORK STATE DIVISION OF CRIMINAL JUSTICE
 SERVICES WEBSITE.
   2. BEFORE THE COURT ACCEPTS A PLEA OF GUILTY OR NOLO  CONTENDERE  FROM
 AN  INDIVIDUAL, THE COURT SHALL CONFIRM THAT THE INDIVIDUAL RECEIVED AND
 UNDERSTANDS THE NOTICE REQUIRED BY SUBDIVISION ONE OF THIS  SECTION  AND
 HAD AN OPPORTUNITY TO DISCUSS THE NOTICE WITH COUNSEL.
 § 435.20 NOTICE  OF  COLLATERAL  CONSEQUENCES  AT  SENTENCING  AND  UPON
            RELEASE.
   1. AN INDIVIDUAL CONVICTED OF AN OFFENSE  SHALL  BE  GIVEN  NOTICE  AS
 PROVIDED IN SUBDIVISIONS TWO AND THREE OF THIS SECTION:
   (A) THAT COLLATERAL CONSEQUENCES MAY APPLY BECAUSE OF THE CONVICTION;
   (B)  OF THE INTERNET ADDRESS OF THE COLLECTION OF LAWS PUBLISHED UNDER
 SUBDIVISION THREE OF SECTION 435.10 OF THIS ARTICLE;
   (C) THAT THERE MAY BE WAYS TO OBTAIN  RELIEF  FROM  COLLATERAL  CONSE-
 QUENCES;
   (D)  OF  CONTACT  INFORMATION  FOR  GOVERNMENT  OR NONPROFIT AGENCIES,
 GROUPS, OR ORGANIZATIONS, IF ANY,  OFFERING  ASSISTANCE  TO  INDIVIDUALS
 SEEKING RELIEF FROM COLLATERAL CONSEQUENCES; AND
   (E)  OF WHEN AN INDIVIDUAL CONVICTED OF AN OFFENSE MAY VOTE UNDER THIS
 STATE'S LAW.
   2. THE COURT SHALL PROVIDE THE  NOTICE  IN  SUBDIVISION  ONE  OF  THIS
 SECTION AS A PART OF SENTENCING.
   3.  IF  AN INDIVIDUAL IS SENTENCED TO IMPRISONMENT OR OTHER INCARCERA-
 TION, THE OFFICER OR AGENCY RELEASING THE INDIVIDUAL SHALL  PROVIDE  THE
 NOTICE  IN SUBDIVISION ONE OF THIS SECTION NOT MORE THAN THIRTY, AND, IF
 PRACTICABLE, AT LEAST TEN, DAYS BEFORE RELEASE.
 § 435.25 AUTHORIZATION REQUIRED FOR COLLATERAL SANCTION; AMBIGUITY.
   1. A COLLATERAL SANCTION MAY BE IMPOSED ONLY BY STATUTE OR  ORDINANCE,
 OR  BY  A RULE OR REGULATION AUTHORIZED BY LAW AND ADOPTED IN ACCORDANCE
 WITH THE STATE ADMINISTRATIVE PROCEDURE ACT OR ANY OTHER APPLICABLE LAW.
   2. A LAW CREATING A COLLATERAL CONSEQUENCE THAT  IS  AMBIGUOUS  AS  TO
 WHETHER  IT  IMPOSES A COLLATERAL SANCTION OR AUTHORIZES A DISQUALIFICA-
 TION SHALL BE CONSTRUED AS AUTHORIZING A DISQUALIFICATION.
 § 435.30 DECISION TO DISQUALIFY.
   IN DECIDING WHETHER TO IMPOSE  A  DISQUALIFICATION,  A  DECISION-MAKER
 SHALL  UNDERTAKE  AN  INDIVIDUALIZED ASSESSMENT TO DETERMINE WHETHER THE
 BENEFIT OR OPPORTUNITY AT ISSUE SHOULD  BE  DENIED  THE  INDIVIDUAL.  IN
 MAKING  THAT DECISION, THE DECISION-MAKER MAY CONSIDER, IF SUBSTANTIALLY
 RELATED TO THE BENEFIT OR OPPORTUNITY AT ISSUE: THE PARTICULAR FACTS AND
 CIRCUMSTANCES INVOLVED IN THE OFFENSE, AND THE ESSENTIAL ELEMENTS OF THE
 OFFENSE. A CONVICTION ITSELF MAY NOT  BE  CONSIDERED  EXCEPT  AS  HAVING
 ESTABLISHED  THE  ELEMENTS OF THE OFFENSE. THE DECISION-MAKER SHALL ALSO
 CONSIDER OTHER RELEVANT  INFORMATION,  INCLUDING  THE  EFFECT  ON  THIRD
 PARTIES  OF GRANTING THE BENEFIT OR OPPORTUNITY AND WHETHER THE INDIVID-
 UAL HAS BEEN GRANTED RELIEF SUCH AS AN ORDER  OF  LIMITED  RELIEF  OR  A
 CERTIFICATE OF RESTORATION OF RIGHTS.

 A. 6957                             5

 § 435.35 EFFECT  OF  CONVICTION  BY  ANOTHER STATE OR THE UNITED STATES;
            RELIEVED OR PARDONED CONVICTION.
   1. FOR PURPOSES OF AUTHORIZING OR IMPOSING A COLLATERAL CONSEQUENCE IN
 THIS  STATE,  A  CONVICTION OF AN OFFENSE IN A COURT OF ANOTHER STATE OR
 THE UNITED STATES IS DEEMED A CONVICTION OF THE OFFENSE  IN  THIS  STATE
 WITH  THE  SAME  ELEMENTS. IF THERE IS NO OFFENSE IN THIS STATE WITH THE
 SAME ELEMENTS, THE CONVICTION IS DEEMED A CONVICTION OF THE MOST SERIOUS
 OFFENSE IN THIS STATE WHICH  IS  ESTABLISHED  BY  THE  ELEMENTS  OF  THE
 OFFENSE.  A  MISDEMEANOR  IN  THE  JURISDICTION OF CONVICTION MAY NOT BE
 DEEMED A FELONY IN THIS STATE, AND AN OFFENSE LESSER THAN A  MISDEMEANOR
 IN  THE  JURISDICTION  OF CONVICTION MAY NOT BE DEEMED A CONVICTION OF A
 FELONY OR MISDEMEANOR IN THIS STATE.
   2. FOR PURPOSES OF AUTHORIZING OR IMPOSING A COLLATERAL CONSEQUENCE IN
 THIS STATE, A JUVENILE ADJUDICATION  IN  ANOTHER  STATE  OR  THE  UNITED
 STATES  MAY  NOT  BE  DEEMED  A  CONVICTION OF A FELONY, MISDEMEANOR, OR
 OFFENSE LESSER THAN A MISDEMEANOR IN THIS STATE, BUT  MAY  BE  DEEMED  A
 JUVENILE ADJUDICATION FOR THE DELINQUENT ACT IN THIS STATE WITH THE SAME
 ELEMENTS.  IF  THERE  IS  NO  DELINQUENT ACT IN THIS STATE WITH THE SAME
 ELEMENTS, THE JUVENILE ADJUDICATION IS DEEMED  AN  ADJUDICATION  OF  THE
 MOST  SERIOUS  DELINQUENT  ACT IN THIS STATE WHICH IS ESTABLISHED BY THE
 ELEMENTS OF THE OFFENSE.
   3. A CONVICTION THAT IS REVERSED, OVERTURNED, OR OTHERWISE VACATED  BY
 A  COURT  OF COMPETENT JURISDICTION OF THIS STATE, ANOTHER STATE, OR THE
 UNITED STATES ON GROUNDS OTHER THAN REHABILITATION OR GOOD BEHAVIOR  MAY
 NOT  SERVE  AS THE BASIS FOR AUTHORIZING OR IMPOSING A COLLATERAL CONSE-
 QUENCE IN THIS STATE.
   4. A PARDON ISSUED BY ANOTHER STATE OR THE UNITED STATES HAS THE  SAME
 EFFECT FOR PURPOSES OF AUTHORIZING, IMPOSING, AND RELIEVING A COLLATERAL
 CONSEQUENCE IN THIS STATE AS IT HAS IN THE ISSUING JURISDICTION.
   5. A CONVICTION THAT HAS BEEN RELIEVED BY EXPUNGEMENT, SEALING, ANNUL-
 MENT,  SET-ASIDE,  OR  VACATION  BY A COURT OF COMPETENT JURISDICTION OF
 ANOTHER STATE OR THE UNITED STATES ON GROUNDS OF REHABILITATION OR  GOOD
 BEHAVIOR,  OR  FOR  WHICH CIVIL RIGHTS ARE RESTORED PURSUANT TO STATUTE,
 HAS THE SAME EFFECT FOR PURPOSES OF AUTHORIZING OR  IMPOSING  COLLATERAL
 CONSEQUENCES  IN THIS STATE AS IT HAS IN THE JURISDICTION OF CONVICTION.
 HOWEVER, SUCH RELIEF OR RESTORATION OF CIVIL  RIGHTS  DOES  NOT  RELIEVE
 COLLATERAL CONSEQUENCES APPLICABLE UNDER THE LAW OF THIS STATE FOR WHICH
 RELIEF  COULD NOT BE GRANTED UNDER SECTION 435.50 OF THIS ARTICLE OR FOR
 WHICH RELIEF WAS EXPRESSLY WITHHELD BY THE COURT ORDER OR BY THE LAW  OF
 THE  JURISDICTION  THAT RELIEVED THE CONVICTION. AN INDIVIDUAL CONVICTED
 IN ANOTHER JURISDICTION MAY SEEK RELIEF UNDER SECTION 435.40  OR  435.45
 OF THIS ARTICLE FROM ANY COLLATERAL CONSEQUENCE FOR WHICH RELIEF WAS NOT
 GRANTED  IN THE ISSUING JURISDICTION, OTHER THAN THOSE LISTED IN SECTION
 435.50 OF THIS ARTICLE, AND THE COURT SHALL CONSIDER THAT THE CONVICTION
 WAS RELIEVED OR CIVIL RIGHTS RESTORED IN DECIDING WHETHER  TO  ISSUE  AN
 ORDER OF LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS.
   6.  A CHARGE OR PROSECUTION IN ANY JURISDICTION WHICH HAS BEEN FINALLY
 TERMINATED WITHOUT A CONVICTION AND  IMPOSITION  OF  SENTENCE  BASED  ON
 PARTICIPATION  IN  A  DEFERRED ADJUDICATION OR DIVERSION PROGRAM MAY NOT
 SERVE AS THE BASIS FOR AUTHORIZING OR IMPOSING A COLLATERAL  CONSEQUENCE
 IN  THIS  STATE.  THIS  SUBDIVISION SHALL NOT AFFECT THE VALIDITY OF ANY
 RESTRICTION OR CONDITION IMPOSED BY LAW AS PART OF PARTICIPATION IN  THE
 DEFERRED  ADJUDICATION  OR DIVERSION PROGRAM, BEFORE OR AFTER THE TERMI-
 NATION OF THE CHARGE OR PROSECUTION.
 § 435.40 ORDER OF LIMITED RELIEF.

 A. 6957                             6
 
   1. AN INDIVIDUAL CONVICTED OF AN OFFENSE MAY PETITION FOR AN ORDER  OF
 LIMITED  RELIEF FROM ONE OR MORE COLLATERAL SANCTIONS RELATED TO EMPLOY-
 MENT, EDUCATION, HOUSING, PUBLIC BENEFITS,  OR  OCCUPATIONAL  LICENSING.
 THE PETITION MAY BE PRESENTED TO THE:
   (A) SENTENCING COURT AT OR BEFORE SENTENCING; OR
   (B)  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AT ANY TIME AFTER
 SENTENCING.
   2. EXCEPT AS OTHERWISE PROVIDED IN SECTION 435.50 OF THIS ARTICLE, THE
 COURT OR THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY ISSUE AN ORDER OF
 LIMITED RELIEF  RELIEVING  ONE  OR  MORE  OF  THE  COLLATERAL  SANCTIONS
 DESCRIBED  IN  SUBDIVISION  ONE  OF THIS SECTION IF, AFTER REVIEWING THE
 PETITION, THE INDIVIDUAL'S CRIMINAL HISTORY,  ANY  FILING  BY  A  VICTIM
 UNDER  SECTION  435.65  OF  THIS  ARTICLE OR A PROSECUTOR, AND ANY OTHER
 RELEVANT EVIDENCE, IT FINDS THE INDIVIDUAL HAS ESTABLISHED BY A  PREPON-
 DERANCE OF THE EVIDENCE THAT:
   (A)  GRANTING  THE  PETITION  WILL MATERIALLY ASSIST THE INDIVIDUAL IN
 OBTAINING OR MAINTAINING EMPLOYMENT, EDUCATION,  HOUSING,  PUBLIC  BENE-
 FITS, OR OCCUPATIONAL LICENSING;
   (B)  THE  INDIVIDUAL  HAS SUBSTANTIAL NEED FOR THE RELIEF REQUESTED IN
 ORDER TO LIVE A LAW-ABIDING LIFE; AND
   (C) GRANTING THE PETITION WOULD NOT POSE AN UNREASONABLE RISK  TO  THE
 SAFETY OR WELFARE OF THE PUBLIC OR ANY INDIVIDUAL.
   3. THE ORDER OF LIMITED RELIEF MUST SPECIFY:
   (A) THE COLLATERAL SANCTION FROM WHICH RELIEF IS GRANTED; AND
   (B)  ANY  RESTRICTION  IMPOSED  PURSUANT TO SUBDIVISION ONE OF SECTION
 435.55 OF THIS ARTICLE.
   4. AN ORDER OF LIMITED RELIEF RELIEVES A COLLATERAL  SANCTION  TO  THE
 EXTENT PROVIDED IN THE ORDER.
   5.  IF  A  COLLATERAL  SANCTION  HAS  BEEN  RELIEVED  PURSUANT TO THIS
 SECTION,  A  DECISION-MAKER  MAY  CONSIDER  THE  CONDUCT  UNDERLYING   A
 CONVICTION AS PROVIDED IN SECTION 435.30 OF THIS ARTICLE.
 § 435.45 CERTIFICATE OF RESTORATION OF RIGHTS.
   1.  AN INDIVIDUAL CONVICTED OF AN OFFENSE MAY PETITION THE DIVISION OF
 CRIMINAL JUSTICE SERVICES FOR A CERTIFICATE  OF  RESTORATION  OF  RIGHTS
 RELIEVING  COLLATERAL  SANCTIONS  NOT  SOONER THAN THREE YEARS AFTER THE
 INDIVIDUAL'S MOST RECENT CONVICTION OF A FELONY OR  MISDEMEANOR  IN  ANY
 JURISDICTION,  OR  NOT  SOONER  THAN  THREE YEARS AFTER THE INDIVIDUAL'S
 RELEASE FROM CONFINEMENT PURSUANT TO A CRIMINAL SENTENCE IN  ANY  JURIS-
 DICTION, WHICHEVER IS LATER.
   2. EXCEPT AS OTHERWISE PROVIDED IN SECTION 435.50 OF THIS ARTICLE, THE
 DIVISION  OF CRIMINAL JUSTICE SERVICES MAY ISSUE A CERTIFICATE OF RESTO-
 RATION OF RIGHTS IF, AFTER  REVIEWING  THE  PETITION,  THE  INDIVIDUAL'S
 CRIMINAL  HISTORY,  ANY  FILING BY A VICTIM UNDER SECTION 435.65 OF THIS
 ARTICLE OR A PROSECUTOR, AND ANY OTHER RELEVANT EVIDENCE, IT  FINDS  THE
 INDIVIDUAL HAS ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE THAT:
   (A)  THE  INDIVIDUAL  IS ENGAGED IN, OR SEEKING TO ENGAGE IN, A LAWFUL
 OCCUPATION OR ACTIVITY, INCLUDING EMPLOYMENT,  TRAINING,  EDUCATION,  OR
 REHABILITATIVE PROGRAMS, OR THE INDIVIDUAL OTHERWISE HAS A LAWFUL SOURCE
 OF SUPPORT;
   (B)  THE  INDIVIDUAL  IS NOT IN VIOLATION OF THE TERMS OF ANY CRIMINAL
 SENTENCE, OR THAT ANY FAILURE TO COMPLY IS JUSTIFIED, EXCUSED,  INVOLUN-
 TARY, OR INSUBSTANTIAL;
   (C) A CRIMINAL CHARGE IS NOT PENDING AGAINST THE INDIVIDUAL; AND
   (D)  GRANTING  THE PETITION WOULD NOT POSE AN UNREASONABLE RISK TO THE
 SAFETY OR WELFARE OF THE PUBLIC OR ANY INDIVIDUAL.

 A. 6957                             7
 
   3. A CERTIFICATE OF RESTORATION OF RIGHTS MUST SPECIFY ANY RESTRICTION
 IMPOSED AND COLLATERAL SANCTION FROM WHICH RELIEF HAS NOT  BEEN  GRANTED
 UNDER SUBDIVISION ONE OF SECTION 435.55 OF THIS ARTICLE.
   4.  A  CERTIFICATE  OF  RESTORATION  OF RIGHTS RELIEVES ALL COLLATERAL
 SANCTIONS, EXCEPT THOSE LISTED IN SECTION 435.50 OF THIS ARTICLE AND ANY
 OTHERS SPECIFICALLY EXCLUDED IN THE CERTIFICATE.
   5. IF A  COLLATERAL  SANCTION  HAS  BEEN  RELIEVED  PURSUANT  TO  THIS
 SECTION,   A  DECISION-MAKER  MAY  CONSIDER  THE  CONDUCT  UNDERLYING  A
 CONVICTION AS PROVIDED IN SECTION 435.30 OF THIS ARTICLE.
 § 435.50 COLLATERAL SANCTIONS NOT SUBJECT TO ORDER OF LIMITED RELIEF  OR
            CERTIFICATE OF RESTORATION OF RIGHTS.
   AN ORDER OF LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS MAY
 NOT BE ISSUED TO RELIEVE THE FOLLOWING COLLATERAL SANCTIONS:
   1.  REQUIREMENTS  IMPOSED  BY ARTICLE SIX-C OF THE CORRECTION LAW, THE
 SEX OFFENDER REGISTRATION ACT;
   2. A MOTOR VEHICLE  LICENSE  SUSPENSION,  REVOCATION,  LIMITATION,  OR
 INELIGIBILITY  PURSUANT  TO  ARTICLE TWENTY OR THIRTY-ONE OF THE VEHICLE
 AND TRAFFIC LAW, FOR WHICH RESTORATION OR RELIEF IS OTHERWISE AVAILABLE;
 OR
   3. INELIGIBILITY FOR EMPLOYMENT PURSUANT TO ANY  LAW,  RULE  OR  REGU-
 LATION OF THIS STATE.
 § 435.55 ISSUANCE,  MODIFICATION  AND  REVOCATION  OF  ORDER  OF LIMITED
            RELIEF AND CERTIFICATE OF RESTORATION OF RIGHTS.
   1. WHEN A PETITION IS FILED UNDER SECTION 435.40  OR  435.45  OF  THIS
 ARTICLE,  INCLUDING  A  PETITION FOR ENLARGEMENT OF AN EXISTING ORDER OF
 LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS, THE DIVISION  OF
 CRIMINAL  JUSTICE  SERVICES  SHALL  NOTIFY THE PROSECUTING OFFICE OF THE
 OFFENSE GIVING RISE TO THE COLLATERAL CONSEQUENCE FROM WHICH  RELIEF  IS
 SOUGHT AND, IF THE CONVICTION WAS NOT OBTAINED IN A COURT OF THIS STATE,
 THE  OFFICE  OF THE NEW YORK STATE ATTORNEY GENERAL. THE COURT MAY ISSUE
 AN ORDER AND THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  MAY  ISSUE  AN
 ORDER  OR  CERTIFICATE  SUBJECT TO RESTRICTION, CONDITION, OR ADDITIONAL
 REQUIREMENT. WHEN ISSUING, DENYING, MODIFYING, OR REVOKING AN  ORDER  OR
 CERTIFICATE, THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY IMPOSE CONDI-
 TIONS FOR REAPPLICATION.
   2. THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY RESTRICT OR REVOKE AN
 ORDER  OF  LIMITED  RELIEF  OR  CERTIFICATE  OF RESTORATION OF RIGHTS IT
 ISSUED OR AN ORDER OF LIMITED RELIEF ISSUED BY A COURT IN THIS STATE  IF
 IT  FINDS  JUST  CAUSE  BY  A  PREPONDERANCE OF THE EVIDENCE. JUST CAUSE
 INCLUDES SUBSEQUENT CONVICTION OF A  FELONY  IN  THIS  STATE  OR  OF  AN
 OFFENSE  IN  ANOTHER  JURISDICTION THAT IS DEEMED A FELONY IN THIS STATE
 UNDER SUBDIVISION ONE OF SECTION 435.35 OF THIS  ARTICLE.  AN  ORDER  OF
 RESTRICTION OR REVOCATION MAY BE ISSUED:
   (A) ON MOTION OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE OFFICE
 OF  THE  PROSECUTOR THAT OBTAINED THE CONVICTION, OR A GOVERNMENT AGENCY
 DESIGNATED BY THAT PROSECUTOR;
   (B) AFTER NOTICE  TO  THE  INDIVIDUAL  AND  ANY  PROSECUTOR  THAT  HAS
 APPEARED IN THE MATTER; AND
   (C)  AFTER  A  HEARING  PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES IF REQUESTED BY THE INDIVIDUAL OR THE  PROSECUTOR
 THAT MADE THE MOTION OR ANY PROSECUTOR THAT HAS APPEARED IN THE MATTER.
   3.  THE COURT OR THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ORDER
 ANY TEST, REPORT, INVESTIGATION, OR  DISCLOSURE  BY  THE  INDIVIDUAL  IT
 REASONABLY  BELIEVES  NECESSARY  TO  ITS  DECISION  TO ISSUE, MODIFY, OR
 REVOKE AN ORDER OF LIMITED  RELIEF  OR  CERTIFICATE  OF  RESTORATION  OF
 RIGHTS.  IF THERE ARE MATERIAL DISPUTED ISSUES OF FACT OR LAW, THE INDI-

 A. 6957                             8
 
 VIDUAL AND ANY PROSECUTOR NOTIFIED UNDER SUBDIVISION ONE OF THIS SECTION
 OR ANOTHER PROSECUTORIAL AGENCY  DESIGNATED  BY  A  PROSECUTOR  NOTIFIED
 UNDER  SUBDIVISION  ONE OF THIS SECTION MAY SUBMIT EVIDENCE AND BE HEARD
 ON THOSE ISSUES.
   4.  THE  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL MAINTAIN A PUBLIC
 RECORD OF THE ISSUANCE, MODIFICATION, AND REVOCATION OF ORDERS OF LIMIT-
 ED RELIEF AND CERTIFICATES OF RESTORATION OF RIGHTS. THE CRIMINAL HISTO-
 RY RECORD SYSTEM   OF THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  MUST
 INCLUDE  ISSUANCE,  MODIFICATION,  AND  REVOCATION OF ORDERS AND CERTIF-
 ICATES.
   5. THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY PROMULGATE RULES  AND
 REGULATIONS FOR APPLICATION, DETERMINATION, MODIFICATION, AND REVOCATION
 OF  ORDERS  OF LIMITED RELIEF AND CERTIFICATES OF RESTORATION OF RIGHTS,
 IN ACCORDANCE WITH ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE  LAW  AND
 RULES.
 § 435.60 RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE OF DUE CARE.
   IN  A  JUDICIAL  OR  ADMINISTRATIVE  PROCEEDING ALLEGING NEGLIGENCE OR
 OTHER FAULT, AN ORDER OF LIMITED RELIEF OR A CERTIFICATE OF  RESTORATION
 OF  RIGHTS  MAY  BE  INTRODUCED  AS  EVIDENCE  OF A PERSON'S DUE CARE IN
 HIRING, RETAINING, LICENSING, LEASING  TO,  ADMITTING  TO  A  SCHOOL  OR
 PROGRAM  OR  OTHERWISE TRANSACTING BUSINESS OR ENGAGING IN ACTIVITY WITH
 THE INDIVIDUAL TO WHOM THE ORDER WAS ISSUED, IF THE PERSON KNEW  OF  THE
 ORDER  OR  CERTIFICATE  AT  THE  TIME OF THE ALLEGED NEGLIGENCE OR OTHER
 FAULT.
 § 435.65 VICTIM'S RIGHTS.
   A VICTIM OF AN OFFENSE MAY PARTICIPATE IN A PROCEEDING  FOR  ISSUANCE,
 MODIFICATION  OR  REVOCATION  OF AN ORDER OF LIMITED RELIEF OR A CERTIF-
 ICATE OF RESTORATION OF RIGHTS TO THE EXTENT PERMITTED BY THE  RULES  OR
 REGULATIONS PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
 § 435.70 SAVINGS AND TRANSITIONAL PROVISIONS.
   1. THIS ARTICLE APPLIES TO COLLATERAL CONSEQUENCES WHENEVER ENACTED OR
 IMPOSED,  UNLESS  THE  LAW CREATING THE COLLATERAL CONSEQUENCE EXPRESSLY
 STATES THAT THIS ARTICLE DOES NOT APPLY.
   2. THIS ARTICLE DOES NOT INVALIDATE THE  IMPOSITION  OF  A  COLLATERAL
 SANCTION ON AN INDIVIDUAL BEFORE THE EFFECTIVE DATE OF THIS ARTICLE, BUT
 A  COLLATERAL SANCTION VALIDLY IMPOSED BEFORE THE EFFECTIVE DATE OF THIS
 ARTICLE MAY BE THE SUBJECT OF RELIEF UNDER THIS ARTICLE.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the  implementation of this act on its effective date is
 authorized to be made on or before such date.