STATE OF NEW YORK
________________________________________________________________________
6108
2019-2020 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 2 of section 702 of the correction law, as
2 amended by chapter 342 of the laws of 1972, is amended to read as
3 follows:
4 2. Such certificate shall [not] be issued by the court [unless]
5 provided that the court is satisfied that:
6 (a) The person to whom it is to be granted is an eligible offender, as
7 defined in section seven hundred of this article;
8 (b) The relief to be granted by the certificate is consistent with the
9 rehabilitation of the eligible offender; and
10 (c) The relief to be granted by the certificate is consistent with the
11 public interest.
12 § 2. The opening paragraph of subdivision 3 of section 703 of the
13 correction law, as amended by section 34 of subpart B of part C of chap-
14 ter 62 of the laws of 2011, is amended to read as follows:
15 The department shall [not] issue [any] a certificate of relief from
16 disabilities pursuant to subdivisions one or two of this section,
17 [unless] provided that the department is satisfied that:
18 § 3. Subdivision 2 of section 703-b of the correction law, as amended
19 by section 35 of subpart B of part C of chapter 62 of the laws of 2011,
20 is amended to read as follows:
21 2. The department shall [have the power to] issue a certificate of
22 good conduct to any person previously convicted of a crime in any other
23 jurisdiction, when the department is satisfied that:
24 (a) The applicant has demonstrated that there exist specific facts and
25 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
1 adverse impact on the applicant and warrant the application for relief
2 to be made in New York; and
3 (b) The provisions of paragraphs (a), (b) and (c) of subdivision one
4 of this section have been met.
5 § 4. This act shall take effect immediately.