Bill Text: NY A04280 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the issuance and administration of certificates of restoration.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 0000-00-00 - [A04280 Detail]
Download: New_York-2015-A04280-Introduced.html
Bill Title: Relates to the issuance and administration of certificates of restoration.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 0000-00-00 - [A04280 Detail]
Download: New_York-2015-A04280-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4280 2015-2016 Regular Sessions I N A S S E M B L Y January 30, 2015 ___________ Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. PERRY -- read once and referred to the Committee on Codes AN ACT to amend the correction law, the executive law, the tax law, the vehicle and traffic law, the alcoholic beverage control law, the agri- culture and markets law, the public health law, the general municipal law, the town law, the education law, the general business law, the insurance law, the banking law, the penal law, the civil rights law, the real property law and the administrative code of the city of New York, in relation to the issuance of certificates of restoration; and to repeal certain provisions of the correction law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 700 of the correction law, as amended by chapter 2 342 of the laws of 1972, is amended to read as follows: 3 S 700. Definitions [and rules of construction]. [1.] As used in this 4 article the following terms have the following meanings: 5 [(a)] 1. "Eligible offender" shall mean a person who has been 6 convicted of a crime or of an offense[, but who has not been convicted 7 more than once of a felony]. 8 [(b)] 2. "Felony" means a conviction of a felony in this state, or of 9 an offense in any other jurisdiction for which a sentence to a term of 10 imprisonment in excess of one year, or a sentence of death, was author- 11 ized. 12 [(c)] 3. "Revocable sentence" means a suspended sentence or a sentence 13 upon which execution was suspended pursuant to the penal law in effect 14 prior to September first, nineteen hundred sixty-seven; or a sentence of 15 probation or of conditional discharge imposed pursuant to the penal law 16 in effect after September first, nineteen hundred sixty-seven. 17 [2. For the purposes of this article the following rules of 18 construction shall apply: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01299-02-5 A. 4280 2 1 (a) Two or more convictions of felonies charged in separate counts of 2 one indictment or information shall be deemed to be one conviction; 3 (b) Two or more convictions of felonies charged in two or more indict- 4 ments or informations, filed in the same court prior to entry of judg- 5 ment under any of them, shall be deemed to be one conviction; and 6 (c) A plea or a verdict of gulity upon which sentence or the execution 7 of sentence has been suspended or upon which a sentence of probation, 8 conditional discharge, or unconditional discharge has been imposed shall 9 be deemed to be a conviction.] 10 S 2. Section 701 of the correction law, as amended by chapter 342 of 11 the laws of 1972, subdivision 2 as amended by chapter 235 of the laws of 12 2007, is amended to read as follows: 13 S 701. Certificate of [relief from disabilities] RESTORATION. 1. A 14 certificate of [relief from disabilities] RESTORATION may be granted as 15 provided in this article to relieve an eligible offender of any forfei- 16 ture or disability, or to remove any bar to his OR HER employment, auto- 17 matically imposed by law by reason of his OR HER conviction of the crime 18 or of the offense specified therein. Such certificate may be limited to 19 one or more enumerated forfeitures, disabilities or bars, or may relieve 20 the eligible offender of all forfeitures, disabilities and bars. 21 Provided, however, that no such certificate shall apply, or be construed 22 so as to apply, to the right of such person to retain or to be eligible 23 for public office. 24 2. Notwithstanding any other provision of law, except subdivision five 25 of section twenty-eight hundred six of the public health law or para- 26 graph (b) of subdivision two of section eleven hundred ninety-three of 27 the vehicle and traffic law, a conviction of a crime or of an offense 28 specified in a certificate of [relief from disabilities] RESTORATION 29 shall not cause automatic forfeiture of any license, other than a 30 license issued pursuant to section 400.00 of the penal law to a person 31 convicted of a class A-I felony or a violent felony offense, as defined 32 in subdivision one of section 70.02 of the penal law, permit, employ- 33 ment, or franchise, including the right to register for or vote at an 34 election, or automatic forfeiture of any other right or privilege, held 35 by the eligible offender and covered by the certificate. Nor shall such 36 conviction be deemed to be a conviction within the meaning of any 37 provision of law that imposes, by reason of a conviction, a bar to any 38 employment, a disability to exercise any right, or a disability to apply 39 for or to receive any license, permit, or other authority or privilege 40 covered by the certificate; provided, however, that a conviction for a 41 second or subsequent violation of any subdivision of section eleven 42 hundred ninety-two of the vehicle and traffic law committed within the 43 preceding ten years shall impose a disability to apply for or receive an 44 operator's license during the period provided in such law; and provided 45 further, however, that a conviction for a class A-I felony or a violent 46 felony offense, as defined in subdivision one of section 70.02 of the 47 penal law, shall impose a disability to apply for or receive a license 48 or permit issued pursuant to section 400.00 of the penal law. A certif- 49 icate of [relief from a disability] RESTORATION imposed pursuant to 50 subparagraph (v) of paragraph b of subdivision two and paragraphs i and 51 j of subdivision six of section five hundred ten of the vehicle and 52 traffic law may only be issued upon a determination that compelling 53 circumstances warrant such relief. 54 3. A certificate of [relief from disabilities] RESTORATION shall not, 55 however, in any way prevent any judicial, administrative, licensing or 56 other body, board or authority from [relying upon] CONSIDERING the A. 4280 3 1 conviction specified therein as the basis for the exercise of its 2 discretionary power to suspend, revoke, refuse to issue or refuse to 3 renew any license, permit or other authority or privilege IN ACCORDANCE 4 WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THIS CHAPTER. 5 4. NOTWITHSTANDING ANY OTHER SECTION OF LAW, A CERTIFICATE OF GOOD 6 CONDUCT OR A CERTIFICATE OF RELIEF FROM DISABILITIES SHALL BE CONSTRUED 7 TO MEAN A CERTIFICATE OF RESTORATION. ANY CERTIFICATE OF RELIEF FROM 8 DISABILITIES OR CERTIFICATE OF GOOD CONDUCT ISSUED PRIOR TO THE EFFEC- 9 TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT ADDED 10 THIS SUBDIVISION SHALL BE DEEMED THE EQUIVALENT OF A CERTIFICATE OF 11 RESTORATION AND SHALL REMAIN IN FULL FORCE AND EFFECT ON AND AFTER SUCH 12 EFFECTIVE DATE. NOTHING IN THE CHAPTER OF THE LAWS OF TWO THOUSAND 13 FIFTEEN THAT ADDED THIS SUBDIVISION SHALL BE READ TO INVALIDATE A 14 CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT 15 ISSUED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO 16 THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION ON OR AFTER SUCH EFFECTIVE 17 DATE. 18 S 3. Section 702 of the correction law, as amended by chapter 342 of 19 the laws of 1972, the section heading as amended by chapter 931 of the 20 laws of 1976, subdivision 1 as amended by chapter 488 of the laws of 21 2011, subdivision 3 as amended by section 64 of part A of chapter 56 of 22 the laws of 2010 and subdivisions 4 and 6 as amended by section 32 of 23 subpart B of part C of chapter 62 of the laws of 2011, is amended to 24 read as follows: 25 S 702. Certificates of [relief from disabilities] RESTORATION issued 26 by courts. 1. Any court of this state may, in its discretion, issue a 27 certificate of [relief from disabilities] RESTORATION to an eligible 28 offender for a conviction that occurred in such court, if the court 29 either (a) imposed a revocable sentence or (b) imposed a sentence other 30 than one executed by commitment to an institution under the jurisdiction 31 of the state department of corrections and community supervision. Such 32 certificate may be issued (i) at the time sentence is pronounced, in 33 which case it may grant relief from forfeitures, as well as from disa- 34 bilities[,] or (ii) at any time thereafter, in which case it shall apply 35 only to disabilities. Where such court either imposes a revocable 36 sentence or imposes a sentence other than one executed by commitment to 37 an institution under the jurisdiction of the state department of 38 corrections and community supervision, the court, upon application and 39 in accordance with subdivision two of this section, shall initially 40 determine the fitness of an eligible offender for such certificate prior 41 to or at the time sentence is pronounced. 42 2. Such certificate shall [not] be issued by the court [unless] WHEN 43 the court is satisfied that: 44 (a) The person to whom it is to be granted is an eligible offender, as 45 defined in section seven hundred; 46 (b) The relief to be granted by the certificate is consistent with the 47 rehabilitation of the eligible offender; and 48 (c) The relief to be granted by the certificate is consistent with the 49 public interest. 50 3. Where a certificate of [relief from disabilities] RESTORATION is 51 not issued at the time sentence is pronounced it shall only be issued 52 thereafter upon verified application to the court. The court may, for 53 the purpose of determining whether such certificate shall be issued, 54 request its probation service to conduct an investigation of the appli- 55 cant, or if the court has no probation service it may request the 56 probation service of the county court for the county in which the court A. 4280 4 1 is located to conduct such investigation. Any probation officer 2 requested to make an investigation pursuant to this section shall 3 prepare and submit to the court a written report in accordance with such 4 request. 5 4. Where the court has imposed a revocable sentence and the certif- 6 icate of [relief from disabilities] RESTORATION is issued prior to the 7 expiration or termination of the time which the court may revoke such 8 sentence, the certificate shall be deemed to be a temporary certificate 9 until such time as the court's authority to revoke the sentence has 10 expired or is terminated. While temporary, such certificate (a) may be 11 revoked by the court for violation of the conditions of the sentence, 12 and (b) shall be revoked by the court if it revokes the sentence and 13 commits the person to an institution under the jurisdiction of the state 14 department of corrections and community supervision. Any such revocation 15 shall be upon notice and after an opportunity to be heard. If the 16 certificate is not so revoked, it shall become a permanent certificate 17 upon expiration or termination of the court's authority to revoke the 18 sentence. 19 5. Any court that has issued a certificate of [relief from disabili- 20 ties] RESTORATION may at any time issue a new certificate to enlarge the 21 relief previously granted, provided, however, that the provisions of 22 subdivisions one through four of this section shall apply to the issu- 23 ance of any such new certificate. 24 6. Any written report submitted to the court pursuant to this section 25 is confidential and may not be made available to any person or public or 26 private agency except where specifically required or permitted by stat- 27 ute or upon specific authorization of the court. However, upon the 28 court's receipt of such report, the court shall provide a copy of such 29 report, or direct that such report be provided to the applicant's attor- 30 ney, or the applicant himself OR HERSELF, if he or she has no attorney. 31 In its discretion, the court may except from disclosure a part or parts 32 of the report which are not relevant to the granting of a certificate, 33 or sources of information which have been obtained on a promise of 34 confidentiality, or any other portion thereof, disclosure of which would 35 not be in the interest of justice. The action of the court excepting 36 information from disclosure shall be subject to appellate review. The 37 court, in its discretion, may hold a conference in open court or in 38 chambers to afford an applicant an opportunity to controvert or to 39 comment upon any portions of the report. The court may also conduct a 40 summary hearing at the conference on any matter relevant to the granting 41 of the application and may take testimony under oath. 42 S 4. Section 703 of the correction law, as amended by section 34 of 43 subpart B of part C of chapter 62 of the laws of 2011, is amended to 44 read as follows: 45 S 703. Certificates of [relief from disabilities] RESTORATION issued 46 by the department of corrections and community supervision. 1. The 47 department of corrections and community supervision shall have the power 48 to issue a certificate of [relief from disabilities] RESTORATION to: 49 (a) any eligible offender who has been committed to an institution 50 under the jurisdiction of the state department of corrections and commu- 51 nity supervision. Such certificate may be issued by the department at 52 the time the offender is released from such institution under the 53 department's supervision or otherwise or at any time thereafter, UPON 54 APPLICATION OF THE OFFENDER; A. 4280 5 1 (b) any eligible offender who resides within this state and whose 2 judgment of conviction was rendered by a court in any other jurisdic- 3 tion. 4 2. Where the department has issued a certificate of [relief from disa- 5 bilities] RESTORATION, the department may at any time issue a new 6 certificate enlarging the relief previously granted. 7 3. The department shall [not] issue [any] A certificate of [relief 8 from disabilities pursuant to subdivisions one or two, unless] RESTORA- 9 TION WHEN the department is satisfied that: 10 (a) The person to whom it is to be granted is an eligible offender, as 11 defined in section seven hundred OF THIS ARTICLE; 12 (b) The relief to be granted by the certificate is consistent with the 13 rehabilitation of the eligible offender; [and] 14 (c) The relief to be granted by the certificate is consistent with the 15 public interest[.]; AND 16 (D) TWO YEARS HAVE ELAPSED SINCE RELEASE FROM CUSTODY FOR PERSONS WITH 17 A PRIOR FELONY CONVICTION SENTENCED PURSUANT TO SECTION 70.04, 70.06, 18 70.07, 70.08 OR 70.10 OF THE PENAL LAW. 19 4. Any certificate of [relief from disabilities] RESTORATION issued by 20 the department to an eligible offender who at time of the issuance of 21 the certificate is under the department's supervision, shall be deemed 22 to be a temporary certificate until such time as the eligible offender 23 is discharged from the department's supervision, and, while temporary, 24 such certificate may be revoked by the department for violation of the 25 conditions of community supervision. Revocation shall be upon notice to 26 the releasee, who shall be accorded an opportunity to explain the 27 violation prior to decision thereon. If the certificate is not so 28 revoked, it shall become a permanent certificate upon expiration or 29 termination of the department's jurisdiction over the individual. 30 5. In granting or revoking a certificate of [relief from disabilities] 31 RESTORATION the action of the department shall be deemed a judicial 32 function and shall not be reviewable if done according to law. 33 6. For the purpose of determining whether such certificate shall be 34 issued, the department may conduct an investigation of the applicant. 35 7. Presumption based on federal recommendation. Where a certificate of 36 [relief from disabilities] RESTORATION is sought pursuant to paragraph 37 (b) of subdivision one of this section on a judgment of conviction 38 rendered by a federal district court in this state and the department is 39 in receipt of a written recommendation in favor of the issuance of such 40 certificate from the chief probation officer of the district, the 41 department shall issue the requested certificate, unless it finds that 42 the requirements of paragraphs (a), (b) and (c) of subdivision three of 43 this section have not been satisfied; or that the interests of justice 44 would not be advanced by the issuance of the certificate. 45 S 5. Sections 703-a and 703-b of the correction law are REPEALED. 46 S 6. Section 704 of the correction law, as added by chapter 654 of the 47 laws of 1966, is amended to read as follows: 48 S 704. Effect of revocation; use of revoked certificate. 1. Where a 49 certificate of [relief from disabilities] RESTORATION is deemed to be 50 temporary and such certificate is revoked, disabilities and forfeitures 51 thereby relieved shall be reinstated as of the date upon which the 52 person to whom the certificate was issued receives written notice of 53 such revocation. Any such person shall upon receipt of such notice 54 surrender the certificate to the issuing court or board. 55 2. A person who knowingly uses or attempts to use, a revoked certif- 56 icate of [relief from disabilities] RESTORATION in order to obtain or to A. 4280 6 1 exercise any right or privilege that he would not be entitled to obtain 2 or to exercise without a valid certificate shall be guilty of a misde- 3 meanor. 4 S 7. Section 705 of the correction law, as amended by section 36 of 5 subpart B of part C of chapter 62 of the laws of 2011, is amended to 6 read as follows: 7 S 705. Forms and filing. 1. All applications, certificates and orders 8 of revocation necessary for the purposes of this article shall be upon 9 forms prescribed pursuant to agreement among the state commissioner of 10 corrections and community supervision, the chairman of the state board 11 of parole and the administrator of the state judicial conference. Such 12 forms relating to [certificates of relief from disabilities] CERTIF- 13 ICATES OF RESTORATION shall be distributed by the office of probation 14 and correctional alternatives [and forms relating to certificates of 15 good conduct shall be distributed] AND by the [commissioner of the] 16 department of corrections and community supervision. 17 2. Any court or department issuing or revoking any certificate pursu- 18 ant to this article shall immediately file a copy of the certificate, or 19 of the order of revocation, with the New York state identification and 20 intelligence system. 21 S 8. Paragraph (h) of subdivision 1 of section 130 of the executive 22 law, as amended by section 1 of part LL of chapter 56 of the laws of 23 2010, is amended to read as follows: 24 (h) vagrancy or prostitution, and who has not subsequent to such 25 conviction received an executive pardon therefor or a CERTIFICATE OF 26 RESTORATION, A certificate of relief from disabilities or a certificate 27 of good conduct pursuant to article twenty-three of the correction law 28 to remove the disability under this section because of such conviction. 29 S 9. Subdivision 3 of section 175 of the executive law, as amended by 30 section 2 of part LL of chapter 56 of the laws of 2010, is amended to 31 read as follows: 32 3. Upon a showing by the attorney general in an application for an 33 injunction that any person engaged in solicitation has been convicted in 34 this state or elsewhere of a felony or of a misdemeanor involving the 35 misappropriation, misapplication or misuse of the money or property of 36 another, and who has not, subsequent to such conviction, received execu- 37 tive pardon therefor or a certificate of [relief from disabilities] 38 RESTORATION or a certificate of good conduct pursuant to article twen- 39 ty-three of the correction law, the supreme court, after a hearing, may 40 enjoin such person from engaging in any solicitation. 41 S 10. Clause 1 of paragraph (c) of subdivision 2 of section 435 of the 42 executive law, as amended by chapter 371 of the laws of 1974, is amended 43 to read as follows: 44 (1) a person convicted of a crime who has not received a pardon, [a 45 certificate of] OR A CERTIFICATE OF RESTORATION, good conduct, or [a 46 certificate of] relief from disabilities; 47 S 11. Paragraph (c) of subdivision 8 of section 283 of the tax law, as 48 amended by section 24 of part LL of chapter 56 of the laws of 2010, is 49 amended to read as follows: 50 (c) If a person convicted of a felony or crime deemed hereby to be a 51 felony is subsequently pardoned by the governor of the state where such 52 conviction was had, or by the president of the United States, or shall 53 receive a CERTIFICATE OF RESTORATION, A certificate of relief from disa- 54 bilities or a certificate of good conduct pursuant to article twenty- 55 three of the correction law for the purpose of removing the disability 56 under this section because of such conviction, the tax commission may, A. 4280 7 1 in its discretion, on application of such person and compliance with 2 subdivision two of this section, and on the submission to it of satis- 3 factory evidence of good moral character and suitability, again register 4 such person as a distributor under this article. 5 S 12. Paragraph (a) of subdivision 1 of section 509-c of the vehicle 6 and traffic law, as amended by section 25 of part LL of chapter 56 of 7 the laws of 2010, is amended to read as follows: 8 (a) permanently, if that person has been convicted of or forfeited 9 bond or collateral which forfeiture order has not been vacated or the 10 subject of an order of remission upon a violation of section 130.30, 11 130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an 12 offense committed under a former section of the penal law which would 13 constitute a violation of the aforesaid sections of the penal law or any 14 offense committed outside of this state which would constitute a 15 violation of the aforesaid sections of the penal law, provided, however, 16 the provisions of this paragraph shall not apply to convictions, suspen- 17 sions or revocations or forfeitures of bonds for collateral upon any of 18 the charges listed in this paragraph for violations which occurred prior 19 to September first, nineteen hundred seventy-four committed by a person 20 employed as a bus driver on September first, nineteen hundred seventy- 21 four. However, such disqualification may be waived provided that five 22 years have expired since the applicant was discharged or released from a 23 sentence of imprisonment imposed pursuant to conviction of an offense 24 that requires disqualification under this paragraph and that the appli- 25 cant shall have been granted a CERTIFICATE OF RESTORATION, A certificate 26 of relief from disabilities or a certificate of good conduct pursuant to 27 article twenty-three of the correction law. 28 S 13. Subparagraph (i) of paragraph (a) of subdivision 1 of section 29 509-cc of the vehicle and traffic law, as amended by section 27 of part 30 LL of chapter 56 of the laws of 2010, is amended to read as follows: 31 (i) has been convicted of or forfeited bond or collateral which 32 forfeiture order has not been vacated or the subject of an order of 33 remission upon a violation committed prior to September fifteenth, nine- 34 teen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50, 35 130.60, or 130.65 of the penal law, or an offense committed under a 36 former section of the penal law which would constitute a violation of 37 the aforesaid sections of the penal law or any offense committed outside 38 of this state which would constitute a violation of the aforesaid 39 sections of the penal law, provided, however, the provisions of this 40 subparagraph shall not apply to convictions, suspensions or revocations 41 or forfeitures of bonds for collateral upon any of the charges listed in 42 this subparagraph for violations which occurred prior to September 43 first, nineteen hundred seventy-four committed by a person employed as a 44 bus driver on September first, nineteen hundred seventy-four. However, 45 such disqualification may be waived provided that five years have 46 expired since the applicant was discharged or released from a sentence 47 of imprisonment imposed pursuant to conviction of an offense that 48 requires disqualification under this paragraph and that the applicant 49 shall have been granted a CERTIFICATE OF RESTORATION, A certificate of 50 relief from disabilities or a certificate of good conduct pursuant to 51 article twenty-three of the correction law. When the certificate is 52 issued by a court for a conviction which occurred in this state, it 53 shall only be issued by the court having jurisdiction over such 54 conviction. Such certificate shall specifically indicate that the 55 authority granting such certificate has considered the bearing, if any, 56 the criminal offense or offenses for which the person was convicted will A. 4280 8 1 have on the applicant's fitness or ability to operate a bus transporting 2 school children to the applicant's prospective employment, prior to 3 granting such a certificate; or 4 S 14. Subparagraph (iii) of paragraph d of subdivision 6 of section 5 510 of the vehicle and traffic law, as amended by section 29 of part LL 6 of chapter 56 of the laws of 2010, is amended to read as follows: 7 (iii) after such documentation, if required, is accepted, that such 8 person is granted a CERTIFICATE OF RESTORATION, A certificate of relief 9 from disabilities or a certificate of good conduct pursuant to article 10 twenty-three of the correction law by the court in which such person was 11 last penalized. 12 S 15. Subparagraph (iii) of paragraph c of subdivision 2 of section 13 510-a of the vehicle and traffic law, as amended by section 30 of part 14 LL of chapter 56 of the laws of 2010, is amended to read as follows: 15 (iii) after such documentation, if required, is accepted, that such 16 person is granted a CERTIFICATE OF RESTORATION, A certificate of relief 17 from disabilities or a certificate of good conduct pursuant to article 18 twenty-three of the correction law by the court in which such person was 19 last penalized. 20 S 16. Subdivision 2 of section 102 of the alcoholic beverage control 21 law, as amended by section 1 of part OO of chapter 56 of the laws of 22 2010, the opening paragraph as separately amended by section 3 of part 23 LL of chapter 56 of the laws of 2010 and paragraph (g) as separately 24 amended by chapter 232 of the laws of 2010, is amended to read as 25 follows: 26 2. No person holding any license hereunder, other than a license to 27 sell an alcoholic beverage at retail for off-premises consumption or a 28 license or special license to sell an alcoholic beverage at retail for 29 consumption on the premises where such license authorizes the sale of 30 liquor, beer and/or wine on the premises of a catering establishment, 31 hotel, restaurant, club, or recreational facility, shall knowingly 32 employ in connection with his OR HER business in any capacity whatsoev- 33 er, any person, who has been convicted of a felony, or any of the 34 following offenses, who has not subsequent to such conviction received 35 an executive pardon therefor removing any civil disabilities incurred 36 thereby, a CERTIFICATE OF RESTORATION, A certificate of relief from 37 disabilities or a certificate of good conduct pursuant to article twen- 38 ty-three of the correction law, or other relief from disabilities 39 provided by law, or the written approval of the state liquor authority 40 permitting such employment, to wit: 41 (a) Illegally using, carrying or possessing a pistol or other danger- 42 ous weapon; 43 (b) Making or possessing burglar's instruments; 44 (c) Buying or receiving or criminally possessing stolen property; 45 (d) Unlawful entry of a building; 46 (e) Aiding escape from prison; 47 (f) Unlawfully possessing or distributing habit forming narcotic 48 drugs; 49 (g) Violating subdivisions six, ten or eleven of section seven hundred 50 twenty-two of the former penal law as in force and effect immediately 51 prior to September first, nineteen hundred sixty-seven, or violating 52 [sections] SECTION 165.25 or 165.30 of the penal law; 53 (h) Vagrancy or prostitution; or 54 (i) Ownership, operation, possession, custody or control of a still 55 subsequent to July first, nineteen hundred fifty-four. A. 4280 9 1 If, as hereinabove provided, the state liquor authority issues its 2 written approval for the employment by a licensee, in a specified capac- 3 ity, of a person previously convicted of a felony or any of the offenses 4 above enumerated, such person, may, unless he OR SHE is subsequently 5 convicted of a felony or any of such offenses, thereafter be employed in 6 the same capacity by any other licensee without the further written 7 approval of the authority unless the prior approval given by the author- 8 ity is terminated. 9 The liquor authority may make such rules as it deems necessary to 10 carry out the purpose and intent of this subdivision. 11 As used in this subdivision, "recreational facility" shall mean: (i) 12 premises that are part of a facility the principal business of which 13 shall be the providing of recreation in the form of golf, tennis, swim- 14 ming, skiing or boating; and (ii) premises in which the principal busi- 15 ness shall be the operation of a theatre, concert hall, opera house, 16 bowling establishment, excursion and sightseeing vessel, or accommo- 17 dation of athletic events, sporting events, expositions and other simi- 18 lar events or occasions requiring the accommodation of large gatherings 19 of persons. 20 S 17. Paragraph (d) of subdivision 1 of section 110 of the alcoholic 21 beverage control law, as amended by chapter 114 of the laws of 2000, is 22 amended to read as follows: 23 (d) A statement that such applicant or the applicant's spouse has not 24 been convicted of a crime addressed by the provisions of section one 25 hundred twenty-six of this article which would forbid the applicant 26 (including any officers, directors, shareholders or partners listed in 27 the statement of identity under paragraph (a) of this subdivision or the 28 spouse of such person) or the applicant's spouse to traffic in alcoholic 29 beverages, a statement whether or not the applicant (including any offi- 30 cers, directors, shareholders or partners listed in the statement of 31 identity under paragraph (a) of this subdivision or the spouse of any 32 such person) or the applicant's spouse is an official described in 33 section one hundred twenty-eight of this article, and a description of 34 any crime that the applicant (including any officers, directors, share- 35 holders or partners listed under paragraph (a) of this subdivision or 36 the spouse of any such person) or the applicant's spouse has been 37 convicted of and whether such person has received a pardon, CERTIFICATE 38 OF RESTORATION, certificate of good conduct or certificate of relief 39 from disabilities; provided, however, that no person shall be denied any 40 license solely on the grounds that such person is the spouse of a person 41 otherwise disqualified from holding a license under this chapter. 42 S 18. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever- 43 age control law, as amended by section 50 of subpart B of part C of 44 chapter 62 of the laws of 2011, are amended to read as follows: 45 1. Except as provided in subdivision one-a of this section, a person 46 who has been convicted of a felony or any of the misdemeanors mentioned 47 in section eleven hundred forty-six of the former penal law as in force 48 and effect immediately prior to September first, nineteen hundred 49 sixty-seven, or of an offense defined in section 230.20 or 230.40 of the 50 penal law, unless subsequent to such conviction such person shall have 51 received an executive pardon therefor removing this disability, a 52 certificate of RESTORATION OR good conduct granted by the department of 53 corrections and community supervision, or a certificate of relief from 54 disabilities granted by the department of corrections and community 55 supervision or a court of this state pursuant to the provisions of arti- A. 4280 10 1 cle twenty-three of the correction law to remove the disability under 2 this section because of such conviction. 3 1-a. Notwithstanding the provision of subdivision one of this section, 4 a corporation holding a license to traffic in alcoholic beverages shall 5 not, upon conviction of a felony or any of the misdemeanors or offenses 6 described in subdivision one of this section, be automatically forbidden 7 to traffic in alcoholic beverages, but the application for a license by 8 such a corporation shall be subject to denial, and the license of such a 9 corporation shall be subject to revocation or suspension by the authori- 10 ty pursuant to section one hundred eighteen of this chapter, consistent 11 with the provisions of article twenty-three-A of the correction law. For 12 any felony conviction by a court other than a court of this state, the 13 authority may request the department of corrections and community super- 14 vision to investigate and review the facts and circumstances concerning 15 such a conviction, and such department shall, if so requested, submit 16 its findings to the authority as to whether the corporation has 17 conducted itself in a manner such that discretionary review by the 18 authority would not be inconsistent with the public interest. The 19 department of corrections and community supervision may charge the 20 licensee or applicant a fee equivalent to the expenses of an appropriate 21 investigation under this subdivision. For any conviction rendered by a 22 court of this state, the authority may request the corporation, if the 23 corporation is eligible for a certificate of RESTORATION, A CERTIFICATE 24 OF relief from disabilities, to seek such a certificate from the court 25 which rendered the conviction IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF 26 THE CORRECTION LAW and to submit such a certificate as part of the 27 authority's discretionary review process. 28 4. A copartnership or a corporation, unless each member of the part- 29 nership, or each of the principal officers and directors of the corpo- 30 ration, is a citizen of the United States or an alien lawfully admitted 31 for permanent residence in the United States, not less than twenty-one 32 years of age, and has not been convicted of any felony or any of the 33 misdemeanors, specified in section eleven hundred forty-six of the 34 former penal law as in force and effect immediately prior to September 35 first, nineteen hundred sixty-seven, or of an offense defined in section 36 230.20 or 230.40 of the penal law, or if so convicted has received, 37 subsequent to such conviction, an executive pardon therefor removing 38 this disability, a certificate of RESTORATION OR good conduct granted by 39 the department of corrections and community supervision, or a certif- 40 icate of relief from disabilities granted by the department of 41 corrections and community supervision or a court of this state pursuant 42 to the provisions of article twenty-three of the correction law to 43 remove the disability under this section because of such conviction; 44 provided however that a corporation which otherwise conforms to the 45 requirements of this section and chapter may be licensed if each of its 46 principal officers and more than one-half of its directors are citizens 47 of the United States or aliens lawfully admitted for permanent residence 48 in the United States; and provided further that a corporation organized 49 under the not-for-profit corporation law or the education law which 50 otherwise conforms to the requirements of this section and chapter may 51 be licensed if each of its principal officers and more than one-half of 52 its directors are not less than twenty-one years of age and none of its 53 directors are less than eighteen years of age; and provided further that 54 a corporation organized under the not-for-profit corporation law or the 55 education law and located on the premises of a college as defined by 56 section two of the education law which otherwise conforms to the A. 4280 11 1 requirements of this section and chapter may be licensed if each of its 2 principal officers and each of its directors are not less than eighteen 3 years of age. 4 S 19. Subdivision 4 of section 96-z-3 of the agriculture and markets 5 law, as amended by section 4 of part LL of chapter 56 of the laws of 6 2010, is amended to read as follows: 7 (4) applicant, an officer, director, partner, or holder of ten per 8 centum or more of the voting stock of an applicant has been convicted of 9 a felony by a court of the United States or any state or territory ther- 10 eof, without subsequent pardon by the governor or other appropriate 11 authority of the state or jurisdiction in which such conviction 12 occurred, or the receipt of a certificate of RESTORATION, A CERTIFICATE 13 OF relief from disabilities or a certificate of good conduct pursuant to 14 article twenty-three of the correction law, 15 S 20. Paragraph (d) of subdivision 4 of section 129 of the agriculture 16 and markets law, as amended by section 5 of part LL of chapter 56 of the 17 laws of 2010, is amended to read as follows: 18 (d) The applicant or registrant, or an officer, director, partner or 19 holder of ten per centum or more of the voting stock of the applicant or 20 registrant, has been convicted of a felony by a court of the United 21 States or any state or territory thereof, without subsequent pardon by 22 the governor or other appropriate authority of the state or jurisdiction 23 in which such conviction occurred, or receipt of a certificate of RESTO- 24 RATION, A CERTIFICATE OF relief from disabilities or a certificate of 25 good conduct pursuant to article twenty-three of the correction law; 26 S 21. Paragraph (c) of subdivision 2 of section 2897 of the public 27 health law, as amended by section 21 of part LL of chapter 56 of the 28 laws of 2010, is amended to read as follows: 29 (c) If a person convicted of a felony or crime deemed hereby to be a 30 felony is subsequently pardoned by the governor of the state where such 31 conviction was had, or by the president of the United States, or shall 32 receive a certificate of RESTORATION, A CERTIFICATE OF relief from disa- 33 bilities or a certificate of good conduct pursuant to article twenty- 34 three of the correction law for the purpose of removing the disability 35 under this section because of such conviction, the board may, in its 36 discretion, on application of such person, and on the submission to it 37 of satisfactory evidence, restore to such person the right to practice 38 nursing home administration in this state. 39 S 22. Section 3454 of the public health law, as amended by section 22 40 of part LL of chapter 56 of the laws of 2010, is amended to read as 41 follows: 42 S 3454. Restoration of licenses after conviction of a felony. If a 43 person convicted of a felony or crime deemed to be a felony is subse- 44 quently pardoned by the governor of the state where such conviction was 45 had or by the president of the United States, or shall receive a certif- 46 icate of RESTORATION, A CERTIFICATE OF relief from disabilities or a 47 certificate of good conduct pursuant to article twenty-three of the 48 correction law to remove the disability under this section because of 49 such conviction, the commissioner may, in his OR HER discretion, on 50 application of such person, and on the submission to him OR HER of 51 satisfactory evidence, restore to such person the right to practice in 52 this state. 53 S 23. Paragraph (a) of subdivision 2 of section 3510 of the public 54 health law, as added by chapter 175 of the laws of 2006, is amended to 55 read as follows: A. 4280 12 1 (a) No person convicted of a felony shall continue to hold a license 2 to practice radiologic technology, unless he or she has been granted an 3 executive pardon, a certificate of RESTORATION, A CERTIFICATE OF relief 4 from disabilities or a certificate of good conduct for such felony and, 5 the commissioner, in his or her discretion, restores the license after 6 determining that the individual does not pose a threat to patient health 7 and safety. 8 S 24. Paragraph 1 of subdivision (a) of section 189-a of the general 9 municipal law, as added by chapter 574 of the laws of 1978, is amended 10 to read as follows: 11 (1) a person convicted of a crime who has not received a pardon, a 12 certificate of RESTORATION, A CERTIFICATE OF good conduct or a certif- 13 icate of relief from disabilities; 14 S 25. Paragraph (a) of subdivision 1 of section 191 of the general 15 municipal law, as amended by section 15 of part LL of chapter 56 of the 16 laws of 2010, is amended to read as follows: 17 (a) Issuance of licenses to conduct games of chance. If such clerk or 18 department shall determine that the applicant is duly qualified to be 19 licensed to conduct games of chance under this article; that the member 20 or members of the applicant designated in the application to manage 21 games of chance are bona fide active members of the applicant and are 22 persons of good moral character and have never been convicted of a 23 crime, or, if convicted, have received a pardon, a certificate of RESTO- 24 RATION, A CERTIFICATE OF good conduct or a certificate of relief from 25 disabilities pursuant to article twenty-three of the correction law; 26 that such games are to be conducted in accordance with the provisions of 27 this article and in accordance with the rules and regulations of the 28 board and applicable local laws or ordinances and that the proceeds 29 thereof are to be disposed of as provided by this article, and if such 30 clerk or department is satisfied that no commission, salary, compen- 31 sation, reward or recompense whatever will be paid or given to any 32 person managing, operating or assisting therein except as in this arti- 33 cle otherwise provided; it shall issue a license to the applicant for 34 the conduct of games of chance upon payment of a license fee of twenty- 35 five dollars for each license period. 36 S 26. Paragraph (a) of subdivision 1 of section 481 of the general 37 municipal law, as amended by section 17 of part LL of chapter 56 of the 38 laws of 2010, is amended to read as follows: 39 (a) Issuance of licenses to conduct bingo. If the governing body of 40 the municipality shall determine that the applicant is duly qualified to 41 be licensed to conduct bingo under this article; that the member or 42 members of the applicant designated in the application to conduct bingo 43 are bona fide active members of the applicant and are persons of good 44 moral character and have never been convicted of a crime or, if 45 convicted, have received a pardon [or], A CERTIFICATE OF RESTORATION, a 46 certificate of good conduct or a certificate of relief from disabilities 47 pursuant to article twenty-three of the correction law; that such games 48 are to be conducted in accordance with the provisions of this article 49 and in accordance with the rules and regulations of the commission, and 50 that the proceeds thereof are to be disposed of as provided by this 51 article, and if the governing body is satisfied that no commission, 52 salary, compensation, reward or recompense whatever will be paid or 53 given to any person holding, operating or conducting or assisting in the 54 holding, operation and conduct of any such games except as in this arti- 55 cle otherwise provided; and that no prize will be offered and given in 56 excess of the sum or value of one thousand dollars in any single game A. 4280 13 1 and that the aggregate of all prizes offered and given in all of such 2 games conducted on a single occasion, under said license shall not 3 exceed the sum or value of three thousand dollars, it shall issue a 4 license to the applicant for the conduct of bingo upon payment of a 5 license fee of eighteen dollars and seventy-five cents for each bingo 6 occasion; provided, however, that the governing body shall refuse to 7 issue a license to an applicant seeking to conduct bingo in premises of 8 a licensed commercial lessor where it determines that the premises pres- 9 ently owned or occupied by said applicant are in every respect adequate 10 and suitable for conducting bingo games. 11 S 27. Paragraph (a) of subdivision 9 of section 476 of the general 12 municipal law, as amended by section 16 of part LL of chapter 56 of the 13 laws of 2010, is amended to read as follows: 14 (a) a person convicted of a crime who has not received a pardon or a 15 certificate of RESTORATION, good conduct or a certificate of relief from 16 disabilities pursuant to article twenty-three of the correction law; 17 S 28. Paragraph b of subdivision 5 of section 84-a of the town law, as 18 amended by section 10 of part LL of chapter 56 of the laws of 2010, is 19 amended to read as follows: 20 b. On the reverse side of such envelope shall be printed the following 21 statement: 22 STATEMENT OF ABSENTEE VOTER 23 I do declare that I will have been a citizen of the United States for 24 thirty days, and will be at least eighteen years of age, on the date of 25 the special town election; that I will have been a resident of this 26 state and of the town shown on the reverse side of this envelope for 27 thirty days next preceding the said election; that I am or on such date 28 will be, a registered voter of said town; that I will be unable to 29 appear personally on the day of said special town election at the poll- 30 ing place of the election district in which I am or will be a qualified 31 voter because of the reason stated on my application heretofore submit- 32 ted; that I have not qualified, or do I intend to vote, elsewhere than 33 as set forth on the reverse side of this envelope; that I have not 34 received or offered, do not expect to receive, have not paid, offered or 35 promised to pay, contributed, offered or promised to contribute to 36 another to be paid or used, any money or other valuable thing, as a 37 compensation or reward for the giving or withholding of a vote at this 38 special town election, and have not made any promise to influence the 39 giving or withholding of any such votes; that I have not made or become 40 directly or indirectly interested in any bet or wager depending upon the 41 result of this special town election; and that I have not been convicted 42 of bribery or any infamous crime, or, if so convicted, that I have been 43 pardoned or restored to all the rights of a citizen, without restriction 44 as to the right of suffrage, or received a certificate of RESTORATION, A 45 CERTIFICATE OF relief from disabilities or a certificate of good conduct 46 pursuant to article twenty-three of the correction law removing my disa- 47 bility to register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS 48 EXPIRED. 49 I hereby declare that the foregoing is a true statement to the best of 50 my knowledge and belief, and I understand that if I make any material 51 false statement in the foregoing statement of absentee voter, I shall be 52 guilty of a misdemeanor. 53 Date.............. Signature of Voter.................. 54 S 29. Paragraph b of subdivision 5 of section 175-b of the town law, 55 as amended by section 11 of part LL of chapter 56 of the laws of 2010, 56 is amended to read as follows: A. 4280 14 1 b. On the reverse side of such envelope shall be printed the follow- 2 ing statement: 3 STATEMENT OF ABSENTEE VOTER 4 I do declare that I will have been a citizen of the United States for 5 thirty days, and will be at least eighteen years of age, on the date of 6 the district election; that I will have been a resident of this state 7 and of the district if any, shown on the reverse side of this envelope 8 for thirty days next preceding the said election and that I am or on 9 such date will be, a registered voter of said district; that I will be 10 unable to appear personally on the day of said district election at the 11 polling place of the said district in which I am or will be a qualified 12 voter because of the reason stated on my application heretofore submit- 13 ted; that I have not qualified, or do I intend to vote, elsewhere than 14 as set forth on the reverse side of this envelope; that I have not 15 received or offered, do not expect to receive, have not paid, offered or 16 promised to pay, contributed, offered or promised to contribute to 17 another to be paid or used, any money or other valuable thing, as a 18 compensation or reward for the giving or withholding of a vote at this 19 district election, and have not made any promise to influence the giving 20 or withholding of any such votes; that I have not made or become direct- 21 ly or indirectly interested in any bet or wager depending upon the 22 result of this district election; and that I have not been convicted of 23 bribery or any infamous crime, or, if so convicted, that I have been 24 pardoned or restored to all the rights of a citizen, without restriction 25 as to the right of suffrage, or received a certificate of RESTORATION, A 26 CERTIFICATE OF relief from disabilities or a certificate of good conduct 27 pursuant to article twenty-three of the correction law removing my disa- 28 bility to register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS 29 EXPIRED. 30 I hereby declare that the foregoing is a true statement to the best of 31 my knowledge and belief, and I understand that if I make any material 32 false statement in the foregoing statement of absentee voter, I shall be 33 guilty of a misdemeanor. 34 Date..............Signature of Voter.................. 35 S 30. Paragraph b of subdivision 5 of section 213-b of the town law, 36 as amended by section 12 of part LL of chapter 56 of the laws of 2010, 37 is amended to read as follows: 38 b. On the reverse side of such envelope shall be printed the follow- 39 ing statement: 40 STATEMENT OF ABSENTEE VOTER 41 I do declare that I will have been a citizen of the United States for 42 thirty days, and will be at least eighteen years of age, on the date of 43 the district election; that I will have been a resident of this state 44 and of the district if any, shown on the reverse side of this envelope 45 for thirty days next preceding the said election and that I am or on 46 such date will be, a registered voter of said district; that I will be 47 unable to appear personally on the day of said district election at the 48 polling place of the said district in which I am or will be a qualified 49 voter because of the reason stated on my application heretofore submit- 50 ted; that I have not qualified, or do I intend to vote, elsewhere than 51 as set forth on the reverse side of this envelope; that I have not 52 received or offered, do not expect to receive, have not paid, offered or 53 promised to pay, contributed, offered or promised to contribute to 54 another to be paid or used, any money or other valuable thing, as a 55 compensation or reward for the giving or withholding of a vote at this A. 4280 15 1 district election, and have not made any promise to influence the giving 2 or withholding of any such votes; that I have not made or become direct- 3 ly or indirectly interested in any bet or wager depending upon the 4 result of this district election; and that I have not been convicted of 5 bribery or any infamous crime, or, if so convicted, that I have been 6 pardoned or restored to all the rights of a citizen, without restriction 7 as to the right of suffrage, or received a certificate of RESTORATION, A 8 CERTIFICATE OF relief from disabilities or a certificate of good conduct 9 pursuant to article twenty-three of the correction law removing my disa- 10 bility to register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS 11 EXPIRED. 12 I hereby declare that the foregoing is a true statement to the best of 13 my knowledge and belief, and I understand that if I make any material 14 false statement in the foregoing statement of absentee voter, I shall be 15 guilty of a misdemeanor. 16 Date............. Signature of Voter .............................. 17 S 31. Paragraph b of subdivision 5 of section 2018-a of the education 18 law, as amended by section 8 of part LL of chapter 56 of the laws of 19 2010, is amended to read as follows: 20 b. On the reverse side of such envelope shall be printed the following 21 statement: 22 STATEMENT OF ABSENTEE VOTER 23 I do declare that I am a citizen of the United States, and will be at 24 least eighteen years of age, on the date of the school district 25 election; that I will have been a resident of this state and of the 26 school district and school election district, if any, shown on the 27 reverse side of this envelope for thirty days next preceding the said 28 election and duly registered in the school district and school election 29 district, if any, shown on the reverse side of this envelope and that I 30 am or on such date will be, a qualified voter of said school district; 31 that I will be unable to appear personally on the day of said school 32 district election at the polling place of the said district in which I 33 am or will be a qualified voter because of the reason stated on my 34 application heretofore submitted; that I have not qualified, or do I 35 intend to vote, elsewhere than as set forth on the reverse side of this 36 envelope; that I have not received or offered, do not expect to receive, 37 have not paid, offered or promised to pay, contributed, offered or prom- 38 ised to contribute to another to be paid or used, any money or other 39 valuable thing, as a compensation or reward for the giving or withhold- 40 ing of a vote at this school district election, and have not made any 41 promise to influence the giving or withholding of any such votes; that I 42 have not made or become directly or indirectly interested in any bet or 43 wager depending upon the result of this school district election; and 44 that I have not been convicted of bribery or any infamous crime, or, if 45 so convicted, that I have been pardoned or restored to all the rights of 46 a citizen, without restriction as to the right of suffrage, or received 47 a certificate of RESTORATION, A CERTIFICATE OF relief from disabilities 48 or a certificate of good conduct pursuant to article twenty-three of the 49 correction law removing my disability to register and vote OR MY MAXIMUM 50 SENTENCE OF IMPRISONMENT HAS EXPIRED. 51 I hereby declare that the foregoing is a true statement to the best of 52 my knowledge and belief, and I understand that if I make any material 53 false statement in the foregoing statement of absentee voter, I shall be 54 guilty of a misdemeanor. A. 4280 16 1 Date.....................Signature of Voter .......................... 2 S 32. Paragraph b of subdivision 6 of section 2018-b of the education 3 law, as amended by section 9 of part LL of chapter 56 of the laws of 4 2010, is amended to read as follows: 5 b. On the reverse side of such envelope shall be printed the following 6 statement: 7 STATEMENT OF ABSENTEE VOTER 8 I do declare that I am a citizen of the United States, and will be at 9 least eighteen years of age on the date of the school district election; 10 that I will have been a resident of this state and of the school 11 district and school election district, if any, shown on the reverse side 12 of this envelope for thirty days next preceding the said election and 13 that I am or on such date will be, a qualified voter of said school 14 district; that I will be unable to appear personally on the day of said 15 school district election at the polling place of the said district in 16 which I am or will be a qualified voter because of the reason stated on 17 my application heretofore submitted; that I have not qualified, or do I 18 intend to vote, elsewhere than as set forth on the reverse side of this 19 envelope; that I have not received or offered, do not expect to receive, 20 have not paid, offered or promised to pay, contributed, offered or prom- 21 ised to contribute to another to be paid or used, any money or other 22 valuable thing, as a compensation or reward for the giving or withhold- 23 ing of a vote at this school district election, and have not made any 24 promise to influence the giving or withholding of any such votes; that I 25 have not made or become directly or indirectly interested in any bet or 26 wager depending upon the result of this school district election; and 27 that I have not been convicted of bribery or any infamous crime, or, if 28 so convicted, that I have been pardoned or restored to all the rights of 29 a citizen, without restriction as to the right of suffrage, or have 30 received a certificate of RESTORATION, A CERTIFICATE OF relief from 31 disabilities or a certificate of good conduct pursuant to article twen- 32 ty-three of the correction law removing my disability to vote OR MY 33 MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED. 34 I hereby declare that the foregoing is a true statement to the best of 35 my knowledge and belief, and I understand that if I make any material 36 false statement in the foregoing statement of absentee voter, I shall be 37 guilty of a misdemeanor. 38 Date....................Signature of Voter ........................... 39 S 33. Subdivision 2 of section 69-o of the general business law, as 40 amended by chapter 575 of the laws of 1993, is amended to read as 41 follows: 42 2. (A) After the filing of an applicant's fingerprint cards, the 43 secretary of state shall forward such fingerprints to the division of 44 criminal justice services to be compared with the fingerprints on file 45 with the division of criminal justice services in order to ascertain 46 whether the applicant has been convicted of a felony involving fraud, 47 bribery, perjury or theft pursuant to article one hundred forty, one 48 hundred fifty-five, one hundred sixty, one hundred sixty-five, one 49 hundred seventy, one hundred seventy-five, one hundred seventy-six, one 50 hundred eighty, one hundred eighty-five, one hundred ninety, one hundred A. 4280 17 1 ninety-five, two hundred or two hundred ten of the penal law; or has a 2 criminal action which has been pending for such a felony for under one 3 year without a final disposition unless adjourned in contemplation of 4 dismissal; provided, however, that for the purposes of this article, 5 none of the following shall be considered criminal convictions or 6 reported as such: 7 [(a)] (I) A conviction which has been vacated and replaced by a youth- 8 ful offender finding pursuant to article seven hundred twenty of the 9 criminal procedure law, or the applicable provisions of law of any other 10 jurisdiction; or 11 [(b)] (II) A conviction the records of which have been expunged or 12 sealed pursuant to the applicable provisions of the laws of this state 13 or of any other jurisdiction; or 14 [(c)] (III) A conviction for which a certificate of RESTORATION, A 15 CERTIFICATE OF relief from disabilities or a certificate of good conduct 16 has been issued pursuant to ARTICLE TWENTY-THREE OF the correction law. 17 (B) The division of criminal justice services shall retain the finger- 18 print cards and return the report of such convictions or pending cases, 19 if any, to the secretary of state who shall retain them in a confiden- 20 tial file for no more than one year, after which time such report shall 21 be destroyed. 22 (C) The secretary of state shall deny the application of any individ- 23 ual convicted of a felony involving fraud, bribery, perjury or theft 24 pursuant to article one hundred forty, one hundred fifty-five, one 25 hundred sixty, one hundred sixty-five, one hundred seventy, one hundred 26 seventy-five, one hundred seventy-six, one hundred eighty, one hundred 27 eighty-five, one hundred ninety, one hundred ninety-five, two hundred or 28 two hundred ten of the penal law; or has a criminal action which has 29 been pending for such a felony for under one year without a final dispo- 30 sition unless adjourned in contemplation of dismissal; provided, howev- 31 er, that for the purposes of this article, none of the following shall 32 be considered criminal convictions or reported as such: 33 (i) A conviction which has been vacated and replaced by a youthful 34 offender finding pursuant to article seven hundred twenty of the crimi- 35 nal procedure law, or the applicable provisions of law of any other 36 jurisdiction; or 37 (ii) A conviction the records of which have been expunged or sealed 38 pursuant to the applicable provisions of the laws of this state or of 39 any other jurisdiction; or 40 (iii) A conviction for which a certificate of RESTORATION, relief from 41 disabilities or a certificate of good conduct has been issued pursuant 42 to ARTICLE TWENTY-THREE OF the correction law. 43 S 34. Subdivision 2 of section 74 of the general business law, as 44 amended by chapter 680 of the laws of 1967, paragraph (g) as amended by 45 chapter 232 of the laws of 2010 and paragraph (h) as amended by section 46 13 of part LL of chapter 56 of the laws of 2010, is amended to read as 47 follows: 48 2. Except as hereinafter in this subdivision provided, no such license 49 shall be issued to any person who has been convicted in this state or 50 any other state or territory of a felony, or any of the following 51 offenses, to wit: (a) illegally using, carrying or possessing a pistol 52 or other dangerous weapon; (b) making or possessing burglar's instru- 53 ments; (c) buying or receiving or criminally possessing stolen property; 54 (d) unlawful entry of a building; (e) aiding escape from prison; (f) 55 unlawfully possessing or distributing habit forming narcotic drugs; (g) 56 violating subdivision six of section seven hundred twenty-two of the A. 4280 18 1 former penal law as in force and effect immediately prior to September 2 first, nineteen hundred sixty-seven, or violating section 165.25 or 3 165.30 of the penal law; (h) violating section seven hundred forty-two, 4 section seven hundred forty-three, or section seven hundred forty-five 5 of the said former penal law, or violating any section contained in 6 article two hundred fifty of the penal law. Except as hereinafter in 7 this subdivision provided, no license shall be issued to any person 8 whose license has been previously revoked by the department of state or 9 the authorities of any other state or territory because of conviction of 10 any of the offenses specified in this section. The provisions of this 11 subdivision shall not prevent the issuance of a license to any person 12 who, subsequent to his conviction, shall have received executive pardon 13 therefor removing this disability, or who has received a CERTIFICATE OF 14 RESTORATION, A certificate of relief from disabilities or a certificate 15 of good conduct pursuant to article twenty-three of the correction law 16 to remove the disability under this section because of such conviction 17 or previous license revocation occasioned thereby. 18 S 35. Subdivision 1 of section 81 of the general business law, as 19 amended by section 14 of part LL of chapter 56 of the laws of 2010, is 20 amended to read as follows: 21 1. The holder of any license certificate issued pursuant to this arti- 22 cle may employ to assist him in his work of private detective or inves- 23 tigator or bail enforcement agent as described in section seventy-one of 24 this article and in the conduct of such business as many persons as he 25 may deem necessary, and shall at all times during such employment be 26 legally responsible for the good conduct in the business of each and 27 every person so employed. 28 No holder of any unexpired license certificate issued pursuant to this 29 article shall knowingly employ in connection with his or its business in 30 any capacity whatsoever, any person who has been convicted of a felony 31 or any of the offenses specified in subdivision two of section seventy- 32 four of this article, and who has not subsequent to such conviction 33 received executive pardon therefor removing this disability, or received 34 a certificate of RESTORATION, relief from disabilities or a certificate 35 of good conduct pursuant to article twenty-three of the correction law 36 to remove the disability under this section because of such a 37 conviction, or any person whose private detective or investigator's 38 license or bail enforcement agent's license was revoked or application 39 for such license was denied by the department of state or by the author- 40 ities of any other state or territory because of conviction of any of 41 such offenses. Should the holder of an unexpired license certificate 42 falsely state or represent that a person is or has been in his employ, 43 such false statement or misrepresentation shall be sufficient cause for 44 the revocation of such license. Any person falsely stating or represent- 45 ing that he is or has been a detective or employed by a detective agency 46 or that he is or has been a bail enforcement agent or employed by a bail 47 enforcement agency shall be guilty of a misdemeanor. 48 S 36. Paragraph 4 of subsection (d) of section 2108 of the insurance 49 law, as amended by section 18 of part LL of chapter 56 of the laws of 50 2010, is amended to read as follows: 51 (4) This subsection shall not prevent the employment of or the issu- 52 ance of a license to any person who, subsequent to his conviction, shall 53 have received executive pardon therefor removing this disability, or who 54 has received a certificate of RESTORATION, relief from disabilities or a 55 certificate of good conduct pursuant to article twenty-three of the A. 4280 19 1 correction law to remove the disability under this section because of 2 such conviction or previous license revocation occasioned thereby. 3 S 37. Subdivision 6 of section 369 of the banking law, as amended by 4 chapter 164 of the laws of 2003 and paragraph (b) as amended by section 5 6 of part LL of chapter 56 of the laws of 2010, is amended to read as 6 follows: 7 6. The superintendent may refuse to issue a license pursuant to this 8 article if he shall find that the applicant, or any person who is a 9 director, officer, partner, agent, employee or substantial stockholder 10 of the applicant, (a) has been convicted of a crime in any jurisdiction 11 or (b) is associating or consorting with any person who has, or persons 12 who have, been convicted of a crime or crimes in any jurisdiction or 13 jurisdictions; provided, however, that the superintendent shall not 14 issue such a license if he shall find that the applicant, or any person 15 who is a director, officer, partner, agent, employee or substantial 16 stockholder of the applicant, has been convicted of a felony in any 17 jurisdiction or of a crime which, if committed within this state, would 18 constitute a felony under the laws thereof. For the purposes of this 19 article, a person shall be deemed to have been convicted of a crime if 20 such person shall have pleaded guilty to a charge thereof before a court 21 or magistrate, or shall have been found guilty thereof by the decision 22 or judgment of a court or magistrate or by the verdict of a jury, irre- 23 spective of the pronouncement of sentence or the suspension thereof, 24 unless such plea of guilty, or such decision, judgment or verdict, shall 25 have been set aside, reversed or otherwise abrogated by lawful judicial 26 process or unless the person convicted of the crime shall have received 27 a pardon therefor from the president of the United States or the gover- 28 nor or other pardoning authority in the jurisdiction where the 29 conviction was had, or shall have received a certificate of RESTORATION, 30 relief from disabilities or a certificate of good conduct pursuant to 31 article twenty-three of the correction law to remove the disability 32 under this article because of such conviction. The term "substantial 33 stockholder," as used in this subdivision, shall be deemed to refer to a 34 person owning or controlling ten per centum or more of the total 35 outstanding stock of the corporation in which such person is a stock- 36 holder. In making a determination pursuant to this subdivision, the 37 superintendent shall require fingerprinting of the applicant. Such fing- 38 erprints shall be submitted to the division of criminal justice services 39 for a state criminal history record check, as defined in subdivision one 40 of section three thousand thirty-five of the education law, and may be 41 submitted to the federal bureau of investigation for a national criminal 42 history record check. 43 S 38. Paragraph 5 of subdivision a of section 265.20 of the penal law, 44 as amended by chapter 235 of the laws of 2007, is amended to read as 45 follows: 46 5. Possession of a rifle or shotgun by a person other than a person 47 who has been convicted of a class A-I felony or a violent felony 48 offense, as defined in subdivision one of section 70.02 of this chapter, 49 who has been convicted as specified in subdivision four of section 50 265.01 OF THIS ARTICLE to whom a certificate of RESTORATION OR good 51 conduct has been issued [pursuant to section seven hundred three-b of 52 the correction law]. 53 S 39. Section 751 of the correction law, as amended by chapter 284 of 54 the laws of 2007, is amended to read as follows: 55 S 751. Applicability. The provisions of this article shall apply to 56 any application by any person for a license or employment at any public A. 4280 20 1 or private employer, who has previously been convicted of one or more 2 criminal offenses in this state or in any other jurisdiction, and to any 3 license or employment held by any person whose conviction of one or more 4 criminal offenses in this state or in any other jurisdiction preceded 5 such employment or granting of a license, except where a mandatory 6 forfeiture, disability or bar to employment is imposed by law, and has 7 not been removed by an executive pardon, OR A certificate of RESTORA- 8 TION, relief from disabilities or certificate of good conduct. Nothing 9 in this article shall be construed to affect any right an employer may 10 have with respect to an intentional misrepresentation in connection with 11 an application for employment made by a prospective employee or previ- 12 ously made by a current employee. 13 S 40. Subdivision 2 of section 753 of the correction law, as added by 14 chapter 931 of the laws of 1976, is amended to read as follows: 15 2. In making a determination pursuant to section seven hundred fifty- 16 two of this [chapter] ARTICLE, the public agency or private employer 17 shall also give consideration to a certificate of RESTORATION, relief 18 from disabilities or a certificate of good conduct issued to the appli- 19 cant, which certificate shall create a presumption of rehabilitation in 20 regard to the offense or offenses specified therein. 21 S 41. The closing paragraph of subdivision 4 of section 79-a of the 22 civil rights law, as amended by section 7 of part LL of chapter 56 of 23 the laws of 2010, is amended to read as follows: 24 5. Nothing in this section shall be deemed to preclude the issuance of 25 a certificate of relief from disabilities, CERTIFICATE OF RESTORATION or 26 a certificate of good conduct pursuant to article twenty-three of the 27 correction law to a person who previously has been sentenced to impri- 28 sonment for life. 29 S 42. The first undesignated paragraph of section 440-a of the real 30 property law, as amended by section 23 of part LL of chapter 56 of the 31 laws of 2010, is amended to read as follows: 32 No person, co-partnership, limited liability company or corporation 33 shall engage in or follow the business or occupation of, or hold himself 34 or itself out or act temporarily or otherwise as a real estate broker or 35 real estate salesman in this state without first procuring a license 36 therefor as provided in this article. No person shall be entitled to a 37 license as a real estate broker under this article, either as an indi- 38 vidual or as a member of a co-partnership, or as a member or manager of 39 a limited liability company or as an officer of a corporation, unless he 40 or she is twenty years of age or over, a citizen of the United States or 41 an alien lawfully admitted for permanent residence in the United States. 42 No person shall be entitled to a license as a real estate salesman under 43 this article unless he or she is over the age of eighteen years. No 44 person shall be entitled to a license as a real estate broker or real 45 estate salesman under this article who has been convicted in this state 46 or elsewhere of a felony, of a sex offense, as defined in subdivision 47 two of section one hundred sixty-eight-a of the correction law or any 48 offense committed outside of this state which would constitute a sex 49 offense, or a sexually violent offense, as defined in subdivision three 50 of section one hundred sixty-eight-a of the correction law or any 51 offense committed outside this state which would constitute a sexually 52 violent offense, and who has not subsequent to such conviction received 53 executive pardon therefor or a certificate of RESTORATION, relief from 54 disabilities or a certificate of good conduct pursuant to article twen- 55 ty-three of the correction law, to remove the disability under this 56 section because of such conviction. No person shall be entitled to a A. 4280 21 1 license as a real estate broker or real estate salesman under this arti- 2 cle who does not meet the requirements of section 3-503 of the general 3 obligations law. 4 S 43. Paragraph (a) of subdivision 1 of section 20-438 of the adminis- 5 trative code of the city of New York is amended to read as follows: 6 (a) Issuance of licenses to conduct games of chance. If such depart- 7 ment shall determine that the applicant is duly qualified to be licensed 8 to conduct games of chance under this subchapter; that the members of 9 the applicant designated in the application to conduct games of chance 10 are bona fide active members of the applicant and are persons of good 11 moral character and have never been convicted of a crime, or, if 12 convicted, have received a pardon or a certificate of RESTORATION OR A 13 CERTIFICATE OF good conduct; that such games are to be conducted in 14 accordance with the provisions of this subchapter and in accordance with 15 the rules and regulations of the board and that the proceeds thereof are 16 to be disposed of as provided by this subchapter; and if such department 17 is satisfied that no commission, salary, compensation, reward or recom- 18 pense whatever will be paid or given to any person holding, operating or 19 conducting or assisting in the holding, operation and conduct of any 20 such games except as in this subchapter otherwise provided; and that no 21 prize will be given in excess of the sum or value of one hundred dollars 22 in any single game and that the aggregate of all prizes given on one 23 occasion, under said license shall not exceed the sum or value of one 24 thousand dollars, the department shall issue a license to the applicant 25 for the conduct of games of chance upon payment of a license fee of 26 twenty-five dollars for each license period. 27 S 44. Paragraph (a) of subdivision 5 of section 2806 of the public 28 health law, as amended by section 20 of part LL of chapter 56 of the 29 laws of 2010, is amended to read as follows: 30 (a) Except as provided in paragraphs (b) and (d) of this subdivision, 31 anything contained in this section or in a certificate of RESTORATION, 32 relief from disabilities or a certificate of good conduct issued pursu- 33 ant to article twenty-three of the correction law to the contrary 34 notwithstanding, a hospital operating certificate of a hospital under 35 control of a controlling person as defined in paragraph (a) of subdivi- 36 sion twelve of section twenty-eight hundred one-a of this article, or 37 under control of any other entity, shall be revoked upon a finding by 38 the department that such controlling person or any individual, member of 39 a partnership or shareholder of a corporation to whom or to which an 40 operating certificate has been issued, has been convicted of a class A, 41 B or C felony, or a felony related in any way to any activity or program 42 subject to the regulations, supervision, or administration of the 43 department or of the office of temporary and disability assistance or in 44 violation of the public officers law in a court of competent jurisdic- 45 tion in the state, or of a crime outside the state which, if committed 46 within the state, would have been a class A, B or C felony or a felony 47 related in any way to any activity or program subject to the regu- 48 lations, supervision, or administration of the department or of the 49 office of temporary and disability assistance or in violation of the 50 public officers law. 51 S 45. Subdivision 5 of section 530 of the vehicle and traffic law, as 52 amended by section 31 of part LL of chapter 56 of the laws of 2010, is 53 amended to read as follows: 54 (5) A restricted use license or privilege shall be valid for the oper- 55 ation of any motor vehicle, except a vehicle for hire as a taxicab, 56 livery, coach, limousine, van or wheelchair accessible van or tow truck A. 4280 22 1 as defined in this chapter subject to the conditions set forth herein, 2 which the holder would otherwise be entitled to operate had his drivers 3 license or privilege not been suspended or revoked. Notwithstanding 4 anything to the contrary in a certificate of RESTORATION, relief from 5 disabilities or a certificate of good conduct issued pursuant to article 6 twenty-three of the correction law, a restricted use license shall not 7 be valid for the operation of a commercial motor vehicle. A restricted 8 use license shall not be valid for the operation of a vehicle for hire 9 as a taxicab, livery, coach, limousine, van or wheelchair accessible van 10 or tow truck where the holder thereof had his or her drivers license 11 suspended or revoked and (i) such suspension or revocation is mandatory 12 pursuant to the provisions of subdivision two or two-a of section five 13 hundred ten of this title; or (ii) any such suspension is permissive for 14 habitual or persistent violations of this chapter or any local law 15 relating to traffic as set forth in paragraph d or i of subdivision 16 three of section five hundred ten of this title; or (iii) any such 17 suspension is permissive and has been imposed by a magistrate, justice 18 or judge of any city, town or village, any supreme court justice, any 19 county judge, or judge of a district court. Except for a commercial 20 motor vehicle as defined in subdivision four of section five hundred 21 one-a of this title, the restrictions on types of vehicles which may be 22 operated with a restricted license contained in this subdivision shall 23 not be applicable to a restricted license issued to a person whose 24 license has been suspended pursuant to paragraph three of subdivision 25 four-e of section five hundred ten of this title. 26 S 46. Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of 27 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 28 by section 32 of part LL of chapter 56 of the laws of 2010, is amended 29 to read as follows: 30 (ii) that such person is granted a certificate of RESTORATION, relief 31 from disabilities or a certificate of good conduct pursuant to article 32 twenty-three of the correction law. 33 Provided, however, that the commissioner may, on a case by case basis, 34 refuse to restore a license which otherwise would be restored pursuant 35 to this item, in the interest of the public safety and welfare. 36 S 47. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193 37 of the vehicle and traffic law, as amended by section 34 of part LL of 38 chapter 56 of the laws of 2010, is amended to read as follows: 39 (1) Notwithstanding anything to the contrary contained in a certif- 40 icate of RESTORATION, relief from disabilities or a certificate of good 41 conduct issued pursuant to article twenty-three of the correction law, 42 where a suspension or revocation, other than a revocation required to be 43 issued by the commissioner, is mandatory pursuant to paragraph (a) or 44 (b) of this subdivision, the magistrate, justice or judge shall issue an 45 order suspending or revoking such license upon sentencing, and the 46 license holder shall surrender such license to the court. Except as 47 hereinafter provided, such suspension or revocation shall take effect 48 immediately. 49 S 48. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of 50 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 51 by section 33 of part LL of chapter 56 of the laws of 2010, is amended 52 to read as follows: 53 (iii) after such documentation is accepted, that such person is grant- 54 ed a certificate of RESTORATION, relief from disabilities or a certif- 55 icate of good conduct pursuant to article twenty-three of the correction 56 law. A. 4280 23 1 S 49. Item (iii) of clause a of subparagraph 3 of paragraph (e) of 2 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 3 by section 35 of part LL of chapter 56 of the laws of 2010, is amended 4 to read as follows: 5 (iii) after such documentation is accepted, that such person is grant- 6 ed a certificate of RESTORATION, relief from disabilities or a certif- 7 icate of good conduct pursuant to article twenty-three of the correction 8 law. 9 S 50. Item (iii) of clause c of subparagraph 1 of paragraph (d) of 10 subdivision 2 of section 1194 of the vehicle and traffic law, as amended 11 by section 37 of part LL of chapter 56 of the laws of 2010, is amended 12 to read as follows: 13 (iii) after such documentation is accepted, that such person is grant- 14 ed a certificate of RESTORATION, relief from disabilities or a certif- 15 icate of good conduct pursuant to article twenty-three of the correction 16 law by the court in which such person was last penalized. 17 S 51. Paragraph (g) of subdivision 7 of section 1196 of the vehicle 18 and traffic law, as amended by section 38 of part LL of chapter 56 of 19 the laws of 2010, is amended to read as follows: 20 (g) Notwithstanding anything to the contrary contained in a certif- 21 icate of RESTORATION, relief from disabilities or a certificate of good 22 conduct issued pursuant to article twenty-three of the correction law, 23 any conditional license or privilege issued to a person convicted of a 24 violation of any subdivision of section eleven hundred ninety-two of 25 this article shall not be valid for the operation of any commercial 26 motor vehicle. In addition, no such conditional license or privilege 27 shall be valid for the operation of a taxicab as defined in this chap- 28 ter. 29 S 52. This act shall take effect on the one hundred eightieth day 30 after it shall have become a law provided, however, that the amendments 31 to subdivision 5 of section 530 of the vehicle and traffic law made by 32 section forty-five of this act shall not affect the expiration of such 33 subdivision and shall be deemed to expire therewith.