NY State Senate Bill 2023-S768

Senate Bill S768

2023-2024 Legislative Session

Relates to the creation of a department of corrections and community supervision identification form; and relates to the use of such form as proof of identity

download bill text pdf

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
Jan 06, 2023	referred to crime victims, crime and correction

2023-S768 (ACTIVE) - Details

See Assembly Version of this Bill:: A9006
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §2, add §81, Cor L; amd §§490 & 502, V & T L
Versions Introduced in 2021-2022 Legislative Session:: S5373, A4583

2023-S768 (ACTIVE) - Summary

Relates to the creation of a department of corrections and community supervision identification form; relates to the use of such form as proof of identity for individuals applying for a non-driver identification card or certain driver's licenses.

2023-S768 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S768

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the correction law, in relation to the creation of a
department of corrections and community supervision identification form;
to amend the vehicle and traffic law, in relation to the use of a
department of corrections and community supervision identification form
as proof of identity

 
PURPOSE:

To create a department of corrections identification form that will
contain: the individual's full name, individual's permanent address or
address that the individual intends to return to, individual's birth
date, any other information that the commissioner shall deem relevant or
necessary. This identification form and all other forms and/or documents
shall be delivered by the Department of Corrections and Community Super-
vision immediately upon the individual's release.  This identification
form will count for all of the necessary points needed to obtain a
permanent identification card from the Department of Motor Vehicles.

 
SUMMARY OF PROVISIONS:

The corrections law is amended by adding a new section, section 81.
Section 81 states that the Department of Corrections commissioner with
the cooperation with the commissioner of the Department of Motor Vehi-
cles will create a department of corrections identification form imme-
diately upon such individual's release which will contain the following:
such individual's full name, such individual's permanent address, such
individual's birth date, and any other information deemed relevant or
necessary by the commissioner. In Section 81 subsection 3 the amended
law states that a corrections facility shall deliver to each individual
all forms, paperwork, and/or other documents to be required by
subsection 1 of Section 81 immediately upon such individual's release.

Section 490 of the vehicle and traffic law is amended by adding a new
subdivision 2-a which mandates that the identification form pursuant to
section 81 shall constitute sufficient proof of identity for an individ-
ual submitting an application for an identification card pursuant to
this section, and the commissioner shall not require such individual to
provide any further proof of identification.  Subparagraph (i) of para-
graph (a) of subdivision 3 of section 490 of the vehicle and traffic law
is amended so that an individual can provide either their social securi-
ty number or their department of corrections identification form pursu-
ant to section 81 of corrections law to obtain a nontransferable iden-
tification card.

Subdivision 1 of section 502 of the vehicle and traffic law is amended
so that an applicant for a driver's license may include a department of
corrections identification form issued pursuant to section 81 of the
correction law as proof of identification. Subdivision 1 of section 502
is further amended to state that in the case of an applicant using a
department of corrections identification form issued pursuant to section
81 of the correction law as proof of identity the commissioner shall not
require such applicant to provide any additional proof of identity.

 
JUSTIFICATION:
Paperwork that is required for the release of an incarcerated individual
is often lost and/or delayed in arrival by the department of
corrections. The lack of proper identification upon release from the
Department of Corrections means that an affected individual is unable to
obtain their permanent identification from the Department of Motor Vehi-
cles. Without proper identification reentry into society is nearly
impossible leading to the inability to apply for a job, open a bank
account, apply for social services and more. This bill will correct a
administrative oversight that leads to higher recidivism rates and will
give individuals leaving corrections facilities a true second chance.

 
LEGISLATIVE HISTORY:

2021-22: S.5373, referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately after it becomes law.

2023-S768 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    768
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the correction law, in relation to the creation of a
   department of corrections  and  community  supervision  identification
   form;  to amend the vehicle and traffic law, in relation to the use of
   a department of corrections and community  supervision  identification
   form as proof of identity
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 2 of the correction law is amended by adding a new
 subdivision 35 to read as follows:
   35. "IDENTIFICATION FORM" SHALL MEAN AND  REFER  TO  A  DEPARTMENT  OF
 CORRECTIONS  AND COMMUNITY SUPERVISION IDENTIFICATION FORM ISSUED PURSU-
 ANT TO THE PROVISIONS OF SECTION EIGHTY-ONE OF THIS CHAPTER.
   § 2.  The correction law is amended by adding a new section 81 to read
 as follows:
   § 81. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION  IDENTIFICA-
 TION FORM.  1. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF
 MOTOR  VEHICLES,  SHALL CREATE A DEPARTMENT OF CORRECTIONS AND COMMUNITY
 SUPERVISION IDENTIFICATION FORM, WHICH SHALL BE ISSUED TO EACH  INDIVID-
 UAL UPON SUCH INDIVIDUAL'S RELEASE FROM A CORRECTIONAL FACILITY.
   2. IDENTIFICATION FORMS ISSUED PURSUANT TO THIS SECTION SHALL CONTAIN,
 AT  A  MINIMUM,  THE  FOLLOWING INFORMATION ABOUT THE INDIVIDUAL TO WHOM
 SUCH IDENTIFICATION FORM IS ISSUED:
   (A) SUCH INDIVIDUAL'S FULL NAME;
   (B) SUCH INDIVIDUAL'S PERMANENT ADDRESS,  IF  SUCH  INDIVIDUAL  HAS  A
 PERMANENT ADDRESS THAT THEY INTEND TO RETURN TO;
   (C) SUCH INDIVIDUAL'S BIRTH DATE; AND
   (D)  ANY  OTHER  INFORMATION  THE  COMMISSIONER SHALL DEEM RELEVANT OR
 NECESSARY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02496-01-3

 S. 768                              2
 
   3. A CORRECTIONAL FACILITY SHALL DELIVER TO EACH INDIVIDUAL ALL FORMS,
 PAPERWORK, AND/OR OTHER DOCUMENTS REQUIRED TO BE DELIVERED TO SUCH INDI-
 VIDUAL IN ADDITION TO THE IDENTIFICATION FORM  REQUIRED  BY  SUBDIVISION
 ONE OF THIS SECTION, IMMEDIATELY UPON SUCH INDIVIDUAL'S RELEASE.
   §  3.  Section 490 of the vehicle and traffic law is amended by adding
 a new subdivision 2-a to read as follows:
   2-A.  A DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION  IDENTIFI-
 CATION  FORM ISSUED PURSUANT TO SECTION EIGHTY-ONE OF THE CORRECTION LAW
 SHALL CONSTITUTE SUFFICIENT PROOF OF IDENTITY FOR AN INDIVIDUAL  SUBMIT-
 TING AN APPLICATION FOR AN IDENTIFICATION CARD PURSUANT TO THIS SECTION,
 AND  THE  COMMISSIONER  SHALL NOT REQUIRE SUCH INDIVIDUAL TO PROVIDE ANY
 FURTHER PROOF OF IDENTIFICATION.
   § 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490
 of the vehicle and traffic law, as amended by chapter 487 of the laws of
 2012, is amended to read as follows:
   (i) The commissioner shall upon submission of an appropriate  applica-
 tion,  upon payment of the prescribed fee, and upon being satisfied that
 the person described is the applicant and that such applicant meets  the
 requirements set forth in subdivision two of this section, issue to such
 applicant  a  nontransferable  identification  card.    In addition, the
 commissioner also shall require that an applicant for an  identification
 card  or  renewal  thereof provide his or her social security number, OR
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION IDENTIFICATION  FORM
 ISSUED PURSUANT TO SECTION EIGHTY-ONE OF THE CORRECTION LAW. The commis-
 sioner  shall  provide space so that an applicant may request a notation
 upon such identification card that he or she is a veteran of the  United
 States armed forces.
   §  5.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 separately amended by chapters 158 and 440  of  the  laws  of  2021,  is
 amended to read as follows:
   1.  Application  for license. Application for a driver's license shall
 be made to the commissioner. The fee prescribed by law may be  submitted
 with such application. The applicant shall furnish such proof of identi-
 ty,  age,  and  fitness  as  may  be  required by the commissioner. With
 respect to a non-commercial driver's license or learner's  permit  which
 does  not  meet federal standards for identification, in addition to the
 acceptable proofs of age and identity approved by the commissioner as of
 January first, two thousand nineteen, acceptable proof of identity shall
 also include, but not be limited to, A  DEPARTMENT  OF  CORRECTIONS  AND
 COMMUNITY  SUPERVISION  IDENTIFICATION  FORM  ISSUED PURSUANT TO SECTION
 EIGHTY-ONE OF THE CORRECTION LAW, a valid,  unexpired  foreign  passport
 issued  by  the  applicant's country of citizenship (which shall also be
 eligible as proof of age), a valid,  unexpired  consular  identification
 document  issued by a consulate from the applicant's country of citizen-
 ship, or a valid foreign driver's license that includes a photo image of
 the applicant and which is unexpired or expired for  less  than  twenty-
 four  months  of its date of expiration, as primary forms of such proof.
 Nothing contained in this subdivision shall be deemed  to  preclude  the
 commissioner  from  approving  additional proofs of identity and age. IN
 THE CASE OF AN APPLICANT USING A DEPARTMENT OF CORRECTIONS AND COMMUNITY
 SUPERVISION IDENTIFICATION FORM ISSUED PURSUANT TO SECTION EIGHTY-ONE OF
 THE CORRECTION LAW AS PROOF OF  IDENTITY,  THE  COMMISSIONER  SHALL  NOT
 REQUIRE  SUCH APPLICANT TO PROVIDE ANY ADDITIONAL PROOF OF IDENTITY. The
 license shall display the sex designation of M, F, or X as certified  by
 the  applicant, with no additional documentation required. The applicant
 may amend the sex designation of their driver's  license  upon  request.
 S. 768                              3
 
 Upon amendment of the sex designation, the change shall be made consist-
 ent through all affiliated records within the control of the department.
 The  commissioner  may also provide that the application procedure shall
 include  the  taking  of  a  photo  image  or images of the applicant in
 accordance with rules and regulations prescribed by the commissioner. In
 addition, the commissioner also shall require that the applicant provide
 such applicant's social  security  number  or,  in  lieu  thereof,  with
 respect  to  an  application  for  a  non-commercial driver's license or
 learner's permit which does not meet federal standards  for  identifica-
 tion,  an  affidavit  signed  by  such applicant that they have not been
 issued a social security number. The  commissioner  also  shall  provide
 space  on  the  application so that the applicant may request a notation
 upon such license that such applicant is a veteran of the United  States
 armed  forces,  and  space  on the application so that the applicant may
 request a notation upon such license that he or she is a veteran of  the
 United  States  armed  forces,  and space on the application so that the
 applicant may register in the New York  state  organ  and  tissue  donor
 registry  under section forty-three hundred ten of the public health law
 with the following stated on the application in  clear  and  conspicuous
 type:
   "You  must  fill out the following section: Would you like to be added
 to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
 tion'."
   The  commissioner  of  health shall not maintain records of any person
 who checks "skip this question". Except where the application is made in
 person or electronically, failure to check a box shall  not  impair  the
 validity of an application, and failure to check "yes" or checking "skip
 this  question" shall not be construed to imply a wish not to donate. In
 the case of an applicant under eighteen years  of  age,  checking  "yes"
 shall  not constitute consent to make an anatomical gift or registration
 in the donate life registry, except as otherwise  provided  pursuant  to
 the  provisions  of  paragraph  (b) of subdivision one of section forty-
 three hundred one of the public  health  law.  Where  an  applicant  has
 previously  consented  to  make  an anatomical gift or registered in the
 donate life registry, checking "skip this question" or failing to  check
 a  box  shall  not  impair that consent or registration. In addition, an
 applicant for a commercial driver's license who will operate  a  commer-
 cial motor vehicle in interstate commerce shall certify that such appli-
 cant  meets  the  requirements to operate a commercial motor vehicle, as
 set forth in public law 99-570, title XII, and title 49 of the  code  of
 federal  regulations,  and  all  regulations  promulgated  by the United
 States secretary of transportation under the hazardous materials  trans-
 portation  act.  In  addition,  an  applicant  for a commercial driver's
 license shall submit a medical certificate at such intervals as required
 by the federal motor carrier safety improvement act  of  1999  and  Part
 383.71(h)  of  title  49  of the code of federal regulations relating to
 medical certification and in a manner prescribed  by  the  commissioner.
 For  purposes  of  this  section  and  sections five hundred three, five
 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
 certificate" and "medical certification" shall mean a form substantially
 in compliance with the form set forth in Part 391.43(h) of title  49  of
 the code of federal regulations. Upon a determination that the holder of
 a commercial driver's license has made any false statement, with respect
 to  the application for such license, the commissioner shall revoke such
 license.
 S. 768                              4
 
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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