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.
STATE OF NEW YORK
________________________________________________________________________
768
2023-2024 Regular Sessions
IN SENATE
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:
1 Section 1. Section 2 of the correction law is amended by adding a new
2 subdivision 35 to read as follows:
3 35. "Identification form" shall mean and refer to a department of
4 corrections and community supervision identification form issued pursu-
5 ant to the provisions of section eighty-one of this chapter.
6 § 2. The correction law is amended by adding a new section 81 to read
7 as follows:
8 § 81. Department of corrections and community supervision identifica-
9 tion form. 1. The commissioner, in cooperation with the commissioner of
10 motor vehicles, shall create a department of corrections and community
11 supervision identification form, which shall be issued to each individ-
12 ual upon such individual's release from a correctional facility.
13 2. Identification forms issued pursuant to this section shall contain,
14 at a minimum, the following information about the individual to whom
15 such identification form is issued:
16 (a) Such individual's full name;
17 (b) Such individual's permanent address, if such individual has a
18 permanent address that they intend to return to;
19 (c) Such individual's birth date; and
20 (d) Any other information the commissioner shall deem relevant or
21 necessary.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02496-01-3
S. 768 2
1 3. A correctional facility shall deliver to each individual all forms,
2 paperwork, and/or other documents required to be delivered to such indi-
3 vidual in addition to the identification form required by subdivision
4 one of this section, immediately upon such individual's release.
5 § 3. Section 490 of the vehicle and traffic law is amended by adding
6 a new subdivision 2-a to read as follows:
7 2-a. A department of corrections and community supervision identifi-
8 cation form issued pursuant to section eighty-one of the correction law
9 shall constitute sufficient proof of identity for an individual submit-
10 ting an application for an identification card pursuant to this section,
11 and the commissioner shall not require such individual to provide any
12 further proof of identification.
13 § 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490
14 of the vehicle and traffic law, as amended by chapter 487 of the laws of
15 2012, is amended to read as follows:
16 (i) The commissioner shall upon submission of an appropriate applica-
17 tion, upon payment of the prescribed fee, and upon being satisfied that
18 the person described is the applicant and that such applicant meets the
19 requirements set forth in subdivision two of this section, issue to such
20 applicant a nontransferable identification card. In addition, the
21 commissioner also shall require that an applicant for an identification
22 card or renewal thereof provide his or her social security number, or
23 department of corrections and community supervision identification form
24 issued pursuant to section eighty-one of the correction law. The commis-
25 sioner shall provide space so that an applicant may request a notation
26 upon such identification card that he or she is a veteran of the United
27 States armed forces.
28 § 5. Subdivision 1 of section 502 of the vehicle and traffic law, as
29 separately amended by chapters 158 and 440 of the laws of 2021, is
30 amended to read as follows:
31 1. Application for license. Application for a driver's license shall
32 be made to the commissioner. The fee prescribed by law may be submitted
33 with such application. The applicant shall furnish such proof of identi-
34 ty, age, and fitness as may be required by the commissioner. With
35 respect to a non-commercial driver's license or learner's permit which
36 does not meet federal standards for identification, in addition to the
37 acceptable proofs of age and identity approved by the commissioner as of
38 January first, two thousand nineteen, acceptable proof of identity shall
39 also include, but not be limited to, a department of corrections and
40 community supervision identification form issued pursuant to section
41 eighty-one of the correction law, a valid, unexpired foreign passport
42 issued by the applicant's country of citizenship (which shall also be
43 eligible as proof of age), a valid, unexpired consular identification
44 document issued by a consulate from the applicant's country of citizen-
45 ship, or a valid foreign driver's license that includes a photo image of
46 the applicant and which is unexpired or expired for less than twenty-
47 four months of its date of expiration, as primary forms of such proof.
48 Nothing contained in this subdivision shall be deemed to preclude the
49 commissioner from approving additional proofs of identity and age. In
50 the case of an applicant using a department of corrections and community
51 supervision identification form issued pursuant to section eighty-one of
52 the correction law as proof of identity, the commissioner shall not
53 require such applicant to provide any additional proof of identity. The
54 license shall display the sex designation of M, F, or X as certified by
55 the applicant, with no additional documentation required. The applicant
56 may amend the sex designation of their driver's license upon request.
S. 768 3
1 Upon amendment of the sex designation, the change shall be made consist-
2 ent through all affiliated records within the control of the department.
3 The commissioner may also provide that the application procedure shall
4 include the taking of a photo image or images of the applicant in
5 accordance with rules and regulations prescribed by the commissioner. In
6 addition, the commissioner also shall require that the applicant provide
7 such applicant's social security number or, in lieu thereof, with
8 respect to an application for a non-commercial driver's license or
9 learner's permit which does not meet federal standards for identifica-
10 tion, an affidavit signed by such applicant that they have not been
11 issued a social security number. The commissioner also shall provide
12 space on the application so that the applicant may request a notation
13 upon such license that such applicant is a veteran of the United States
14 armed forces, and space on the application so that the applicant may
15 request a notation upon such license that he or she is a veteran of the
16 United States armed forces, and space on the application so that the
17 applicant may register in the New York state organ and tissue donor
18 registry under section forty-three hundred ten of the public health law
19 with the following stated on the application in clear and conspicuous
20 type:
21 "You must fill out the following section: Would you like to be added
22 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
23 tion'."
24 The commissioner of health shall not maintain records of any person
25 who checks "skip this question". Except where the application is made in
26 person or electronically, failure to check a box shall not impair the
27 validity of an application, and failure to check "yes" or checking "skip
28 this question" shall not be construed to imply a wish not to donate. In
29 the case of an applicant under eighteen years of age, checking "yes"
30 shall not constitute consent to make an anatomical gift or registration
31 in the donate life registry, except as otherwise provided pursuant to
32 the provisions of paragraph (b) of subdivision one of section forty-
33 three hundred one of the public health law. Where an applicant has
34 previously consented to make an anatomical gift or registered in the
35 donate life registry, checking "skip this question" or failing to check
36 a box shall not impair that consent or registration. In addition, an
37 applicant for a commercial driver's license who will operate a commer-
38 cial motor vehicle in interstate commerce shall certify that such appli-
39 cant meets the requirements to operate a commercial motor vehicle, as
40 set forth in public law 99-570, title XII, and title 49 of the code of
41 federal regulations, and all regulations promulgated by the United
42 States secretary of transportation under the hazardous materials trans-
43 portation act. In addition, an applicant for a commercial driver's
44 license shall submit a medical certificate at such intervals as required
45 by the federal motor carrier safety improvement act of 1999 and Part
46 383.71(h) of title 49 of the code of federal regulations relating to
47 medical certification and in a manner prescribed by the commissioner.
48 For purposes of this section and sections five hundred three, five
49 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
50 certificate" and "medical certification" shall mean a form substantially
51 in compliance with the form set forth in Part 391.43(h) of title 49 of
52 the code of federal regulations. Upon a determination that the holder of
53 a commercial driver's license has made any false statement, with respect
54 to the application for such license, the commissioner shall revoke such
55 license.
S. 768 4
1 § 6. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law. Effective immediately, the addition, amend-
3 ment and/or repeal of any rule or regulation necessary for the implemen-
4 tation of this act on its effective date are authorized to be made and
5 completed on or before such effective date.
