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A11382 Summary:

BILL NOA11382
 
SAME ASNo Same As
 
SPONSORRules (Burroughs)
 
COSPNSR
 
MLTSPNSR
 
Amd §702, Cor L
 
Increases access to certificates of relief from disabilities; clarifies the procedure on how certificates of relief from disabilities can be issued.
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A11382 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11382
 
                   IN ASSEMBLY
 
                                      May 15, 2026
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Burroughs)
          -- (at request of the Unified Court System) -- read once and  referred
          to the Committee on Correction
 
        AN  ACT to amend the correction law, in relation to increasing access to
          certificates of relief from disabilities and to emphasize that certif-
          icates of relief may be issued at the time of sentencing

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section 702 of the correction law, as
     2  amended by chapter 488 of the laws  of  2011,  is  amended  to  read  as
     3  follows:
     4    1.  Any  court  of  this state [may, in its discretion,] shall issue a
     5  certificate of relief from disabilities to an eligible  offender  for  a
     6  conviction  that occurred in such court, if the court either (a) imposed
     7  a revocable sentence or (b) imposed a sentence other than  one  executed
     8  by  commitment  to  an  institution  under the jurisdiction of the state
     9  department of corrections and community supervision, and determines that
    10  the requirements of subdivision two of this section have been satisfied.
    11  Such certificate [may] shall be issued [(i)] at  the  time  sentence  is
    12  pronounced,  in which case it may grant relief from forfeitures, as well
    13  as from disabilities, [or (ii)] provided, however, that if the court has
    14  not  determined  a  certificate  of  relief  from  all  disabilities  is
    15  warranted  at  the  time sentence is pronounced, a certificate of relief
    16  from disabilities shall be issued  at  any  time  thereafter  the  court
    17  determines  the  requirements  of  this  section have been satisfied, in
    18  which case it shall apply only to disabilities.  Where such court either
    19  imposes a revocable sentence  or  imposes  a  sentence  other  than  one
    20  executed  by  commitment to an institution under the jurisdiction of the
    21  state department of corrections and community  supervision,  the  court,
    22  upon application and in accordance with subdivision two of this section,
    23  shall  initially  determine the fitness of an eligible offender for such
    24  certificate prior to or at the time sentence is pronounced.
    25    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    26  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14940-02-6
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