S T A T E O F N E W Y O R K
________________________________________________________________________
5738--A
2023-2024 Regular Sessions
I N A S S E M B L Y
March 23, 2023
___________
Introduced by M. of A. FAHY, McDONALD, EPSTEIN, BRONSON, SIMON, MAMDANI,
GLICK, O'DONNELL -- read once and referred to the Committee on
Correction -- recommitted to the Committee on Correction in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to creating an identifi-
cation card program for incarcerated individuals in local correctional
facilities; and to amend the vehicle and traffic law, in relation to
issuance of and waiver of fees for identification cards issued pursu-
ant to identification card programs under the correction law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 512
to read as follows:
§ 512. IDENTIFICATION CARD PROGRAM. 1. FOR PURPOSES OF THIS SECTION,
"IDENTIFICATION CARD" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
FOUR HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
2. THE DEPARTMENT OF MOTOR VEHICLES SHALL DEVELOP A PROGRAM THAT WOULD
ALLOW INCARCERATED INDIVIDUALS IN LOCAL CORRECTIONAL FACILITIES WITHOUT
AN IDENTIFICATION CARD, OR WHO HAVE NOT BEEN ISSUED A DRIVER'S LICENSE
OR LEARNER'S PERMIT BY THE COMMISSIONER OF MOTOR VEHICLES, OR WHOSE
DRIVER'S LICENSE OR LEARNER'S PERMIT IS EXPIRED, SUSPENDED, REVOKED OR
SURRENDERED, OR WHOSE IDENTIFICATION CARD IS EXPIRED, TO OBTAIN AN IDEN-
TIFICATION CARD PRIOR TO SUCH INCARCERATED INDIVIDUAL'S RELEASE FROM A
LOCAL CORRECTIONAL FACILITY AT THE OPTION OF SUCH INCARCERATED INDIVID-
UAL.
3. IF THE IDENTIFICATION CARD PROGRAM DEVELOPED BY THE DEPARTMENT OF
MOTOR VEHICLES PURSUANT TO THIS SECTION PROVIDES AN OPTION FOR ELIGIBLE
INCARCERATED INDIVIDUALS TO ELECT TO REGISTER TO VOTE IN THE STATE OF
NEW YORK IN THE PROCESS OF APPLYING FOR AN IDENTIFICATION CARD, THE
DEPARTMENT SHALL DEVELOP REGULATIONS TO NOTIFY INCARCERATED INDIVIDUALS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09944-02-4
A. 5738--A 2
WHO ARE NOT ELIGIBLE TO VOTE IN THE STATE OF NEW YORK OF SUCH INELIGI-
BILITY PRIOR TO THEIR COMPLETION OF SUCH APPLICATION.
4. THE SENTENCE AND COMMITMENT OF AN INCARCERATED INDIVIDUAL IN A
LOCAL CORRECTIONAL FACILITY SHALL BE DEEMED SUFFICIENT TO GRANT AUTHORI-
ZATION TO THE SHERIFF OF SUCH LOCAL CORRECTIONAL FACILITY TO ASSIST SUCH
INCARCERATED INDIVIDUAL TO APPLY FOR AND OBTAIN AN IDENTIFICATION CARD
FROM THE DEPARTMENT OF MOTOR VEHICLES.
5. (A) PRIOR TO AN INCARCERATED INDIVIDUAL'S RELEASE FROM A LOCAL
CORRECTIONAL FACILITY, THE SHERIFF OF SUCH LOCAL CORRECTIONAL FACILITY
SHALL NOTIFY SUCH INCARCERATED INDIVIDUAL, VERBALLY AND IN WRITING, OF
THE IDENTIFICATION CARD PROGRAM UNDER THIS SECTION. THE SHERIFF OF SUCH
LOCAL CORRECTIONAL FACILITY SHALL ALSO DOCUMENT THAT SUCH SHERIFF
OFFERED TO ASSIST SUCH INCARCERATED INDIVIDUAL IN OBTAINING AN IDENTIFI-
CATION CARD AND IF SUCH INCARCERATED INDIVIDUAL DECLINED. THE SHERIFF OF
A LOCAL CORRECTIONAL FACILITY SHALL MAKE DILIGENT EFFORTS TO ENSURE THAT
AN INCARCERATED INDIVIDUAL IS PROVIDED WITH AN IDENTIFICATION CARD, IF
REQUESTED, PRIOR TO OR UPON THE RELEASE OF SUCH INDIVIDUAL FROM SUCH
LOCAL CORRECTIONAL FACILITY.
(B) IF AN IDENTIFICATION CARD IS OBTAINED WITH THE ASSISTANCE OF THE
SHERIFF OF A LOCAL CORRECTIONAL FACILITY FOR AN INCARCERATED INDIVIDUAL
PRIOR TO SUCH INDIVIDUAL'S RELEASE FROM SUCH LOCAL CORRECTIONAL FACILI-
TY, SUCH IDENTIFICATION CARD SHALL BE KEPT IN SUCH INCARCERATED INDIVID-
UAL'S RECORDS UNTIL SUCH INDIVIDUAL IS RELEASED FROM SUCH LOCAL CORREC-
TIONAL FACILITY; AND UPON SUCH INDIVIDUAL'S RELEASE, SUCH IDENTIFICATION
CARD SHALL BE PROVIDED TO SUCH INDIVIDUAL.
§ 2. Section 490 of the vehicle and traffic law is amended by adding a
new subdivision 4 to read as follows:
4. IDENTIFICATION CARD PROGRAMS. IDENTIFICATION CARDS ISSUED TO INCAR-
CERATED INDIVIDUALS PURSUANT TO AN IDENTIFICATION CARD PROGRAM UNDER
SECTION ELEVEN OR FIVE HUNDRED TWELVE OF THE CORRECTION LAW SHALL BE
FORMATTED IDENTICALLY TO ALL OTHER IDENTIFICATION CARDS ISSUED PURSUANT
TO THIS SECTION. SUCH IDENTIFICATION CARDS SHALL NOT CONTAIN ANY MARK-
INGS OR OTHER INDICATIONS THAT SUCH IDENTIFICATION CARDS WERE ISSUED
PURSUANT TO SUCH AN IDENTIFICATION CARD PROGRAM.
§ 3. Subdivision 3 of section 491 of the vehicle and traffic law, as
amended by section 2 of part Q of chapter 58 of the laws of 2022, is
amended to read as follows:
3. Waiver of fee. The commissioner may waive the payment of fees
required by subdivision two of this section if the applicant is (a) an
incarcerated individual in an institution or correctional facility under
the jurisdiction of a state department or agency, OR A LOCAL CORRECTION-
AL FACILITY AS DEFINED BY SECTION TWO OF THE CORRECTION LAW, or (b) a
victim of a crime and the identification card applied for is a replace-
ment for one that was lost or destroyed as a result of the crime.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.