Bill Text: NY A04592 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the issuance and administration of certificates of restoration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-29 - enacting clause stricken [A04592 Detail]
Download: New_York-2019-A04592-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4592 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. AUBRY -- 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 § 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 convicted7more 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 of18construction shall apply:EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08087-01-9A. 4592 2 1(a) Two or more convictions of felonies charged in separate counts of2one indictment or information shall be deemed to be one conviction;3(b) Two or more convictions of felonies charged in two or more indict-4ments or informations, filed in the same court prior to entry of judg-5ment under any of them, shall be deemed to be one conviction; and6(c) A plea or a verdict of gulity upon which sentence or the execution7of sentence has been suspended or upon which a sentence of probation,8conditional discharge, or unconditional discharge has been imposed shall9be deemed to be a conviction.] 10 § 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 § 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 theA. 4592 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 this subdivision shall be deemed the equivalent of a 10 certificate of restoration and shall remain in full force and effect on 11 and after such effective date. Nothing in the chapter of the laws of two 12 thousand nineteen that added this subdivision shall be read to invali- 13 date a certificate of relief from disabilities or a certificate of good 14 conduct issued prior to the effective date of this subdivision on or 15 after such effective date. 16 § 3. Section 702 of the correction law, as amended by chapter 342 of 17 the laws of 1972, the section heading as amended by chapter 931 of the 18 laws of 1976, subdivision 1 as amended by chapter 488 of the laws of 19 2011, subdivision 3 as amended by section 64 of part A of chapter 56 of 20 the laws of 2010 and subdivisions 4 and 6 as amended by section 32 of 21 subpart B of part C of chapter 62 of the laws of 2011, is amended to 22 read as follows: 23 § 702. Certificates of [relief from disabilities] restoration issued 24 by courts. 1. Any court of this state may, in its discretion, issue a 25 certificate of [relief from disabilities] restoration to an eligible 26 offender for a conviction that occurred in such court, if the court 27 either (a) imposed a revocable sentence or (b) imposed a sentence other 28 than one executed by commitment to an institution under the jurisdiction 29 of the state department of corrections and community supervision. Such 30 certificate may be issued (i) at the time sentence is pronounced, in 31 which case it may grant relief from forfeitures, as well as from disa- 32 bilities[,] or (ii) at any time thereafter, in which case it shall apply 33 only to disabilities. Where such court either imposes a revocable 34 sentence or imposes a sentence other than one executed by commitment to 35 an institution under the jurisdiction of the state department of 36 corrections and community supervision, the court, upon application and 37 in accordance with subdivision two of this section, shall initially 38 determine the fitness of an eligible offender for such certificate prior 39 to or at the time sentence is pronounced. 40 2. Such certificate shall [not] be issued by the court [unless] when 41 the court is satisfied that: 42 (a) The person to whom it is to be granted is an eligible offender, as 43 defined in section seven hundred; 44 (b) The relief to be granted by the certificate is consistent with the 45 rehabilitation of the eligible offender; and 46 (c) The relief to be granted by the certificate is consistent with the 47 public interest. 48 3. Where a certificate of [relief from disabilities] restoration is 49 not issued at the time sentence is pronounced it shall only be issued 50 thereafter upon verified application to the court. The court may, for 51 the purpose of determining whether such certificate shall be issued, 52 request its probation service to conduct an investigation of the appli- 53 cant, or if the court has no probation service it may request the 54 probation service of the county court for the county in which the court 55 is located to conduct such investigation. Any probation officer 56 requested to make an investigation pursuant to this section shallA. 4592 4 1 prepare and submit to the court a written report in accordance with such 2 request. 3 4. Where the court has imposed a revocable sentence and the certif- 4 icate of [relief from disabilities] restoration is issued prior to the 5 expiration or termination of the time which the court may revoke such 6 sentence, the certificate shall be deemed to be a temporary certificate 7 until such time as the court's authority to revoke the sentence has 8 expired or is terminated. While temporary, such certificate (a) may be 9 revoked by the court for violation of the conditions of the sentence, 10 and (b) shall be revoked by the court if it revokes the sentence and 11 commits the person to an institution under the jurisdiction of the state 12 department of corrections and community supervision. Any such revocation 13 shall be upon notice and after an opportunity to be heard. If the 14 certificate is not so revoked, it shall become a permanent certificate 15 upon expiration or termination of the court's authority to revoke the 16 sentence. 17 5. Any court that has issued a certificate of [relief from disabili-18ties] restoration may at any time issue a new certificate to enlarge the 19 relief previously granted, provided, however, that the provisions of 20 subdivisions one through four of this section shall apply to the issu- 21 ance of any such new certificate. 22 6. Any written report submitted to the court pursuant to this section 23 is confidential and may not be made available to any person or public or 24 private agency except where specifically required or permitted by stat- 25 ute or upon specific authorization of the court. However, upon the 26 court's receipt of such report, the court shall provide a copy of such 27 report, or direct that such report be provided to the applicant's attor- 28 ney, or the applicant himself or herself, if he or she has no attorney. 29 In its discretion, the court may except from disclosure a part or parts 30 of the report which are not relevant to the granting of a certificate, 31 or sources of information which have been obtained on a promise of 32 confidentiality, or any other portion thereof, disclosure of which would 33 not be in the interest of justice. The action of the court excepting 34 information from disclosure shall be subject to appellate review. The 35 court, in its discretion, may hold a conference in open court or in 36 chambers to afford an applicant an opportunity to controvert or to 37 comment upon any portions of the report. The court may also conduct a 38 summary hearing at the conference on any matter relevant to the granting 39 of the application and may take testimony under oath. 40 § 4. Section 703 of the correction law, as amended by section 34 of 41 subpart B of part C of chapter 62 of the laws of 2011, is amended to 42 read as follows: 43 § 703. Certificates of [relief from disabilities] restoration issued 44 by the department of corrections and community supervision. 1. The 45 department of corrections and community supervision shall have the power 46 to issue a certificate of [relief from disabilities] restoration to: 47 (a) any eligible offender who has been committed to an institution 48 under the jurisdiction of the state department of corrections and commu- 49 nity supervision. Such certificate may be issued by the department at 50 the time the offender is released from such institution under the 51 department's supervision or otherwise or at any time thereafter, upon 52 application of the offender; 53 (b) any eligible offender who resides within this state and whose 54 judgment of conviction was rendered by a court in any other jurisdic- 55 tion.A. 4592 5 1 2. Where the department has issued a certificate of [relief from disa-2bilities] restoration, the department may at any time issue a new 3 certificate enlarging the relief previously granted. 4 3. The department shall [not] issue [any] a certificate of [relief5from disabilities pursuant to subdivisions one or two, unless] restora- 6 tion when the department is satisfied that: 7 (a) The person to whom it is to be granted is an eligible offender, as 8 defined in section seven hundred of this article; 9 (b) The relief to be granted by the certificate is consistent with the 10 rehabilitation of the eligible offender; [and] 11 (c) The relief to be granted by the certificate is consistent with the 12 public interest[.]; and 13 (d) Two years have elapsed since release from custody for persons with 14 a prior felony conviction sentenced pursuant to section 70.04, 70.06, 15 70.07, 70.08 or 70.10 of the penal law. 16 4. Any certificate of [relief from disabilities] restoration issued by 17 the department to an eligible offender who at time of the issuance of 18 the certificate is under the department's supervision, shall be deemed 19 to be a temporary certificate until such time as the eligible offender 20 is discharged from the department's supervision, and, while temporary, 21 such certificate may be revoked by the department for violation of the 22 conditions of community supervision. Revocation shall be upon notice to 23 the releasee, who shall be accorded an opportunity to explain the 24 violation prior to decision thereon. If the certificate is not so 25 revoked, it shall become a permanent certificate upon expiration or 26 termination of the department's jurisdiction over the individual. 27 5. In granting or revoking a certificate of [relief from disabilities] 28 restoration the action of the department shall be deemed a judicial 29 function and shall not be reviewable if done according to law. 30 6. For the purpose of determining whether such certificate shall be 31 issued, the department may conduct an investigation of the applicant. 32 7. Presumption based on federal recommendation. Where a certificate of 33 [relief from disabilities] restoration is sought pursuant to paragraph 34 (b) of subdivision one of this section on a judgment of conviction 35 rendered by a federal district court in this state and the department is 36 in receipt of a written recommendation in favor of the issuance of such 37 certificate from the chief probation officer of the district, the 38 department shall issue the requested certificate, unless it finds that 39 the requirements of paragraphs (a), (b) and (c) of subdivision three of 40 this section have not been satisfied; or that the interests of justice 41 would not be advanced by the issuance of the certificate. 42 § 5. Sections 703-a and 703-b of the correction law are REPEALED. 43 § 6. Section 704 of the correction law, as added by chapter 654 of the 44 laws of 1966, is amended to read as follows: 45 § 704. Effect of revocation; use of revoked certificate. 1. Where a 46 certificate of [relief from disabilities] restoration is deemed to be 47 temporary and such certificate is revoked, disabilities and forfeitures 48 thereby relieved shall be reinstated as of the date upon which the 49 person to whom the certificate was issued receives written notice of 50 such revocation. Any such person shall upon receipt of such notice 51 surrender the certificate to the issuing court or board. 52 2. A person who knowingly uses or attempts to use, a revoked certif- 53 icate of [relief from disabilities] restoration in order to obtain or to 54 exercise any right or privilege that he would not be entitled to obtain 55 or to exercise without a valid certificate shall be guilty of a misde- 56 meanor.A. 4592 6 1 § 7. Section 705 of the correction law, as amended by section 36 of 2 subpart B of part C of chapter 62 of the laws of 2011, is amended to 3 read as follows: 4 § 705. Forms and filing. 1. All applications, certificates and orders 5 of revocation necessary for the purposes of this article shall be upon 6 forms prescribed pursuant to agreement among the state commissioner of 7 corrections and community supervision, the chairman of the state board 8 of parole and the administrator of the state judicial conference. Such 9 forms relating to [certificates of relief from disabilities] certif- 10 icates of restoration shall be distributed by the office of probation 11 and correctional alternatives [and forms relating to certificates of12good conduct shall be distributed] and by the [commissioner of the] 13 department of corrections and community supervision. 14 2. Any court or department issuing or revoking any certificate pursu- 15 ant to this article shall immediately file a copy of the certificate, or 16 of the order of revocation, with the New York state identification and 17 intelligence system. 18 § 8. Paragraph (h) of subdivision 1 of section 130 of the executive 19 law, as amended by section 1 of part LL of chapter 56 of the laws of 20 2010, is amended to read as follows: 21 (h) vagrancy or prostitution, and who has not subsequent to such 22 conviction received an executive pardon therefor or a certificate of 23 restoration, a certificate of relief from disabilities or a certificate 24 of good conduct pursuant to article twenty-three of the correction law 25 to remove the disability under this section because of such conviction. 26 § 9. Subdivision 3 of section 175 of the executive law, as amended by 27 section 2 of part LL of chapter 56 of the laws of 2010, is amended to 28 read as follows: 29 3. Upon a showing by the attorney general in an application for an 30 injunction that any person engaged in solicitation has been convicted in 31 this state or elsewhere of a felony or of a misdemeanor involving the 32 misappropriation, misapplication or misuse of the money or property of 33 another, and who has not, subsequent to such conviction, received execu- 34 tive pardon therefor or a certificate of [relief from disabilities] 35 restoration or a certificate of good conduct pursuant to article twen- 36 ty-three of the correction law, the supreme court, after a hearing, may 37 enjoin such person from engaging in any solicitation. 38 § 10. Clause 1 of paragraph (c) of subdivision 2 of section 435 of the 39 executive law, as amended by chapter 371 of the laws of 1974, is amended 40 to read as follows: 41 (1) a person convicted of a crime who has not received a pardon, [a42certificate of] or a certificate of restoration, good conduct, or [a43certificate of] relief from disabilities; 44 § 11. Paragraph (c) of subdivision 8 of section 283 of the tax law, as 45 amended by section 24 of part LL of chapter 56 of the laws of 2010, is 46 amended to read as follows: 47 (c) If a person convicted of a felony or crime deemed hereby to be a 48 felony is subsequently pardoned by the governor of the state where such 49 conviction was had, or by the president of the United States, or shall 50 receive a certificate of restoration, a certificate of relief from disa- 51 bilities or a certificate of good conduct pursuant to article twenty- 52 three of the correction law for the purpose of removing the disability 53 under this section because of such conviction, the tax commission may, 54 in its discretion, on application of such person and compliance with 55 subdivision two of this section, and on the submission to it of satis-A. 4592 7 1 factory evidence of good moral character and suitability, again register 2 such person as a distributor under this article. 3 § 12. Paragraph (a) of subdivision 1 of section 509-c of the vehicle 4 and traffic law, as amended by section 25 of part LL of chapter 56 of 5 the laws of 2010, is amended to read as follows: 6 (a) permanently, if that person has been convicted of or forfeited 7 bond or collateral which forfeiture order has not been vacated or the 8 subject of an order of remission upon a violation of section 130.30, 9 130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an 10 offense committed under a former section of the penal law which would 11 constitute a violation of the aforesaid sections of the penal law or any 12 offense committed outside of this state which would constitute a 13 violation of the aforesaid sections of the penal law, provided, however, 14 the provisions of this paragraph shall not apply to convictions, suspen- 15 sions or revocations or forfeitures of bonds for collateral upon any of 16 the charges listed in this paragraph for violations which occurred prior 17 to September first, nineteen hundred seventy-four committed by a person 18 employed as a bus driver on September first, nineteen hundred seventy- 19 four. However, such disqualification may be waived provided that five 20 years have expired since the applicant was discharged or released from a 21 sentence of imprisonment imposed pursuant to conviction of an offense 22 that requires disqualification under this paragraph and that the appli- 23 cant shall have been granted a certificate of restoration, a certificate 24 of relief from disabilities or a certificate of good conduct pursuant to 25 article twenty-three of the correction law. 26 § 13. Subparagraph (i) of paragraph (a) of subdivision 1 of section 27 509-cc of the vehicle and traffic law, as amended by section 27 of part 28 LL of chapter 56 of the laws of 2010, is amended to read as follows: 29 (i) has been convicted of or forfeited bond or collateral which 30 forfeiture order has not been vacated or the subject of an order of 31 remission upon a violation committed prior to September fifteenth, nine- 32 teen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50, 33 130.60, or 130.65 of the penal law, or an offense committed under a 34 former section of the penal law which would constitute a violation of 35 the aforesaid sections of the penal law or any offense committed outside 36 of this state which would constitute a violation of the aforesaid 37 sections of the penal law, provided, however, the provisions of this 38 subparagraph shall not apply to convictions, suspensions or revocations 39 or forfeitures of bonds for collateral upon any of the charges listed in 40 this subparagraph for violations which occurred prior to September 41 first, nineteen hundred seventy-four committed by a person employed as a 42 bus driver on September first, nineteen hundred seventy-four. However, 43 such disqualification may be waived provided that five years have 44 expired since the applicant was discharged or released from a sentence 45 of imprisonment imposed pursuant to conviction of an offense that 46 requires disqualification under this paragraph and that the applicant 47 shall have been granted a certificate of restoration, a certificate of 48 relief from disabilities or a certificate of good conduct pursuant to 49 article twenty-three of the correction law. When the certificate is 50 issued by a court for a conviction which occurred in this state, it 51 shall only be issued by the court having jurisdiction over such 52 conviction. Such certificate shall specifically indicate that the 53 authority granting such certificate has considered the bearing, if any, 54 the criminal offense or offenses for which the person was convicted will 55 have on the applicant's fitness or ability to operate a bus transportingA. 4592 8 1 school children to the applicant's prospective employment, prior to 2 granting such a certificate; or 3 § 14. Subparagraph (iii) of paragraph d of subdivision 6 of section 4 510 of the vehicle and traffic law, as amended by section 29 of part LL 5 of chapter 56 of the laws of 2010, is amended to read as follows: 6 (iii) after such documentation, if required, is accepted, that such 7 person is granted a certificate of restoration, a certificate of relief 8 from disabilities or a certificate of good conduct pursuant to article 9 twenty-three of the correction law by the court in which such person was 10 last penalized. 11 § 15. Subparagraph (iii) of paragraph c of subdivision 2 of section 12 510-a of the vehicle and traffic law, as amended by section 30 of part 13 LL of chapter 56 of the laws of 2010, is amended to read as follows: 14 (iii) after such documentation, if required, is accepted, that such 15 person is granted a certificate of restoration, a certificate of relief 16 from disabilities or a certificate of good conduct pursuant to article 17 twenty-three of the correction law by the court in which such person was 18 last penalized. 19 § 16. Subdivision 2 of section 102 of the alcoholic beverage control 20 law, as amended by section 1 of part OO of chapter 56 of the laws of 21 2010, the opening paragraph as separately amended by section 3 of part 22 LL of chapter 56 of the laws of 2010 and paragraph (g) as separately 23 amended by chapter 232 of the laws of 2010, is amended to read as 24 follows: 25 2. No person holding any license hereunder, other than a license to 26 sell an alcoholic beverage at retail for off-premises consumption or a 27 license or special license to sell an alcoholic beverage at retail for 28 consumption on the premises where such license authorizes the sale of 29 liquor, beer and/or wine on the premises of a catering establishment, 30 hotel, restaurant, club, or recreational facility, shall knowingly 31 employ in connection with his or her business in any capacity whatsoev- 32 er, any person, who has been convicted of a felony, or any of the 33 following offenses, who has not subsequent to such conviction received 34 an executive pardon therefor removing any civil disabilities incurred 35 thereby, a certificate of restoration, a certificate of relief from 36 disabilities or a certificate of good conduct pursuant to article twen- 37 ty-three of the correction law, or other relief from disabilities 38 provided by law, or the written approval of the state liquor authority 39 permitting such employment, to wit: 40 (a) Illegally using, carrying or possessing a pistol or other danger- 41 ous weapon; 42 (b) Making or possessing burglar's instruments; 43 (c) Buying or receiving or criminally possessing stolen property; 44 (d) Unlawful entry of a building; 45 (e) Aiding escape from prison; 46 (f) Unlawfully possessing or distributing habit forming narcotic 47 drugs; 48 (g) Violating subdivisions six, ten or eleven of section seven hundred 49 twenty-two of the former penal law as in force and effect immediately 50 prior to September first, nineteen hundred sixty-seven, or violating 51 [sections] section 165.25 or 165.30 of the penal law; 52 (h) Vagrancy or prostitution; or 53 (i) Ownership, operation, possession, custody or control of a still 54 subsequent to July first, nineteen hundred fifty-four. 55 If, as hereinabove provided, the state liquor authority issues its 56 written approval for the employment by a licensee, in a specified capac-A. 4592 9 1 ity, of a person previously convicted of a felony or any of the offenses 2 above enumerated, such person, may, unless he or she is subsequently 3 convicted of a felony or any of such offenses, thereafter be employed in 4 the same capacity by any other licensee without the further written 5 approval of the authority unless the prior approval given by the author- 6 ity is terminated. 7 The liquor authority may make such rules as it deems necessary to 8 carry out the purpose and intent of this subdivision. 9 As used in this subdivision, "recreational facility" shall mean: (i) 10 premises that are part of a facility the principal business of which 11 shall be the providing of recreation in the form of golf, tennis, swim- 12 ming, skiing or boating; and (ii) premises in which the principal busi- 13 ness shall be the operation of a theatre, concert hall, opera house, 14 bowling establishment, excursion and sightseeing vessel, or accommo- 15 dation of athletic events, sporting events, expositions and other simi- 16 lar events or occasions requiring the accommodation of large gatherings 17 of persons. 18 § 17. Paragraph (d) of subdivision 1 of section 110 of the alcoholic 19 beverage control law, as amended by chapter 114 of the laws of 2000, is 20 amended to read as follows: 21 (d) A statement that such applicant or the applicant's spouse has not 22 been convicted of a crime addressed by the provisions of section one 23 hundred twenty-six of this article which would forbid the applicant 24 (including any officers, directors, shareholders or partners listed in 25 the statement of identity under paragraph (a) of this subdivision or the 26 spouse of such person) or the applicant's spouse to traffic in alcoholic 27 beverages, a statement whether or not the applicant (including any offi- 28 cers, directors, shareholders or partners listed in the statement of 29 identity under paragraph (a) of this subdivision or the spouse of any 30 such person) or the applicant's spouse is an official described in 31 section one hundred twenty-eight of this article, and a description of 32 any crime that the applicant (including any officers, directors, share- 33 holders or partners listed under paragraph (a) of this subdivision or 34 the spouse of any such person) or the applicant's spouse has been 35 convicted of and whether such person has received a pardon, certificate 36 of restoration, certificate of good conduct or certificate of relief 37 from disabilities; provided, however, that no person shall be denied any 38 license solely on the grounds that such person is the spouse of a person 39 otherwise disqualified from holding a license under this chapter. 40 § 18. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever- 41 age control law, as amended by section 50 of subpart B of part C of 42 chapter 62 of the laws of 2011, are amended to read as follows: 43 1. Except as provided in subdivision one-a of this section, a person 44 who has been convicted of a felony or any of the misdemeanors mentioned 45 in section eleven hundred forty-six of the former penal law as in force 46 and effect immediately prior to September first, nineteen hundred 47 sixty-seven, or of an offense defined in section 230.20 or 230.40 of the 48 penal law, unless subsequent to such conviction such person shall have 49 received an executive pardon therefor removing this disability, a 50 certificate of restoration or good conduct granted by the department of 51 corrections and community supervision, or a certificate of relief from 52 disabilities granted by the department of corrections and community 53 supervision or a court of this state pursuant to the provisions of arti- 54 cle twenty-three of the correction law to remove the disability under 55 this section because of such conviction.A. 4592 10 1 1-a. Notwithstanding the provision of subdivision one of this section, 2 a corporation holding a license to traffic in alcoholic beverages shall 3 not, upon conviction of a felony or any of the misdemeanors or offenses 4 described in subdivision one of this section, be automatically forbidden 5 to traffic in alcoholic beverages, but the application for a license by 6 such a corporation shall be subject to denial, and the license of such a 7 corporation shall be subject to revocation or suspension by the authori- 8 ty pursuant to section one hundred eighteen of this chapter, consistent 9 with the provisions of article twenty-three-A of the correction law. For 10 any felony conviction by a court other than a court of this state, the 11 authority may request the department of corrections and community super- 12 vision to investigate and review the facts and circumstances concerning 13 such a conviction, and such department shall, if so requested, submit 14 its findings to the authority as to whether the corporation has 15 conducted itself in a manner such that discretionary review by the 16 authority would not be inconsistent with the public interest. The 17 department of corrections and community supervision may charge the 18 licensee or applicant a fee equivalent to the expenses of an appropriate 19 investigation under this subdivision. For any conviction rendered by a 20 court of this state, the authority may request the corporation, if the 21 corporation is eligible for a certificate of restoration, a certificate 22 of relief from disabilities, to seek such a certificate from the court 23 which rendered the conviction in accordance with article twenty-three of 24 the correction law and to submit such a certificate as part of the 25 authority's discretionary review process. 26 4. A copartnership or a corporation, unless each member of the part- 27 nership, or each of the principal officers and directors of the corpo- 28 ration, is a citizen of the United States or an alien lawfully admitted 29 for permanent residence in the United States, not less than twenty-one 30 years of age, and has not been convicted of any felony or any of the 31 misdemeanors, specified in section eleven hundred forty-six of the 32 former penal law as in force and effect immediately prior to September 33 first, nineteen hundred sixty-seven, or of an offense defined in section 34 230.20 or 230.40 of the penal law, or if so convicted has received, 35 subsequent to such conviction, an executive pardon therefor removing 36 this disability, a certificate of restoration or good conduct granted by 37 the department of corrections and community supervision, or a certif- 38 icate of relief from disabilities granted by the department of 39 corrections and community supervision or a court of this state pursuant 40 to the provisions of article twenty-three of the correction law to 41 remove the disability under this section because of such conviction; 42 provided however that a corporation which otherwise conforms to the 43 requirements of this section and chapter may be licensed if each of its 44 principal officers and more than one-half of its directors are citizens 45 of the United States or aliens lawfully admitted for permanent residence 46 in the United States; and provided further that a corporation organized 47 under the not-for-profit corporation law or the education law which 48 otherwise conforms to the requirements of this section and chapter may 49 be licensed if each of its principal officers and more than one-half of 50 its directors are not less than twenty-one years of age and none of its 51 directors are less than eighteen years of age; and provided further that 52 a corporation organized under the not-for-profit corporation law or the 53 education law and located on the premises of a college as defined by 54 section two of the education law which otherwise conforms to the 55 requirements of this section and chapter may be licensed if each of itsA. 4592 11 1 principal officers and each of its directors are not less than eighteen 2 years of age. 3 § 19. Subdivision 4 of section 96-z-3 of the agriculture and markets 4 law, as amended by section 4 of part LL of chapter 56 of the laws of 5 2010, is amended to read as follows: 6 (4) applicant, an officer, director, partner, or holder of ten per 7 centum or more of the voting stock of an applicant has been convicted of 8 a felony by a court of the United States or any state or territory ther- 9 eof, without subsequent pardon by the governor or other appropriate 10 authority of the state or jurisdiction in which such conviction 11 occurred, or the receipt of a certificate of restoration, a certificate 12 of relief from disabilities or a certificate of good conduct pursuant to 13 article twenty-three of the correction law, 14 § 20. Paragraph (d) of subdivision 4 of section 129 of the agriculture 15 and markets law, as amended by section 5 of part LL of chapter 56 of the 16 laws of 2010, is amended to read as follows: 17 (d) The applicant or registrant, or an officer, director, partner or 18 holder of ten per centum or more of the voting stock of the applicant or 19 registrant, has been convicted of a felony by a court of the United 20 States or any state or territory thereof, without subsequent pardon by 21 the governor or other appropriate authority of the state or jurisdiction 22 in which such conviction occurred, or receipt of a certificate of resto- 23 ration, a certificate of relief from disabilities or a certificate of 24 good conduct pursuant to article twenty-three of the correction law; 25 § 21. Paragraph (c) of subdivision 2 of section 2897 of the public 26 health law, as amended by section 21 of part LL of chapter 56 of the 27 laws of 2010, is amended to read as follows: 28 (c) If a person convicted of a felony or crime deemed hereby to be a 29 felony is subsequently pardoned by the governor of the state where such 30 conviction was had, or by the president of the United States, or shall 31 receive a certificate of restoration, a certificate of relief from disa- 32 bilities or a certificate of good conduct pursuant to article twenty- 33 three of the correction law for the purpose of removing the disability 34 under this section because of such conviction, the board may, in its 35 discretion, on application of such person, and on the submission to it 36 of satisfactory evidence, restore to such person the right to practice 37 nursing home administration in this state. 38 § 22. Section 3454 of the public health law, as amended by section 22 39 of part LL of chapter 56 of the laws of 2010, is amended to read as 40 follows: 41 § 3454. Restoration of licenses after conviction of a felony. If a 42 person convicted of a felony or crime deemed to be a felony is subse- 43 quently pardoned by the governor of the state where such conviction was 44 had or by the president of the United States, or shall receive a certif- 45 icate of restoration, a certificate of relief from disabilities or a 46 certificate of good conduct pursuant to article twenty-three of the 47 correction law to remove the disability under this section because of 48 such conviction, the commissioner may, in his or her discretion, on 49 application of such person, and on the submission to him or her of 50 satisfactory evidence, restore to such person the right to practice in 51 this state. 52 § 23. Paragraph (a) of subdivision 2 of section 3510 of the public 53 health law, as added by chapter 175 of the laws of 2006, is amended to 54 read as follows: 55 (a) No person convicted of a felony shall continue to hold a license 56 to practice radiologic technology, unless he or she has been granted anA. 4592 12 1 executive pardon, a certificate of restoration, a certificate of relief 2 from disabilities or a certificate of good conduct for such felony and, 3 the commissioner, in his or her discretion, restores the license after 4 determining that the individual does not pose a threat to patient health 5 and safety. 6 § 24. Paragraph 1 of subdivision (a) of section 189-a of the general 7 municipal law, as added by chapter 574 of the laws of 1978, is amended 8 to read as follows: 9 (1) a person convicted of a crime who has not received a pardon, a 10 certificate of restoration, a certificate of good conduct or a certif- 11 icate of relief from disabilities; 12 § 25. Paragraph (a) of subdivision 1 of section 191 of the general 13 municipal law, as amended by section 15 of part LL of chapter 56 of the 14 laws of 2010, is amended to read as follows: 15 (a) Issuance of licenses to conduct games of chance. If such clerk or 16 department shall determine that the applicant is duly qualified to be 17 licensed to conduct games of chance under this article; that the member 18 or members of the applicant designated in the application to manage 19 games of chance are bona fide active members of the applicant and are 20 persons of good moral character and have never been convicted of a 21 crime, or, if convicted, have received a pardon, a certificate of resto- 22 ration, a certificate of good conduct or a certificate of relief from 23 disabilities pursuant to article twenty-three of the correction law; 24 that such games are to be conducted in accordance with the provisions of 25 this article and in accordance with the rules and regulations of the 26 board and applicable local laws or ordinances and that the proceeds 27 thereof are to be disposed of as provided by this article, and if such 28 clerk or department is satisfied that no commission, salary, compen- 29 sation, reward or recompense whatever will be paid or given to any 30 person managing, operating or assisting therein except as in this arti- 31 cle otherwise provided; it shall issue a license to the applicant for 32 the conduct of games of chance upon payment of a license fee of twenty- 33 five dollars for each license period. 34 § 26. Paragraph (a) of subdivision 1 of section 481 of the general 35 municipal law, as amended by section 5 of part MM of chapter 59 of the 36 laws of 2017, is amended to read as follows: 37 (a) Issuance of licenses to conduct bingo. If the governing body of 38 the municipality determines that the applicant is duly qualified to be 39 licensed to conduct bingo under this article; that the member or members 40 of the applicant designated in the application to conduct bingo are bona 41 fide active members of the applicant and are persons of good moral char- 42 acter and have never been convicted of a crime or, if convicted, have 43 received a pardon [or] a certificate of restoration, a certificate of 44 good conduct or a certificate of relief from disabilities pursuant to 45 article twenty-three of the correction law; that such games of bingo are 46 to be conducted in accordance with the provisions of this article and in 47 accordance with the rules and regulations of the commission, and that 48 the proceeds thereof are to be disposed of as provided by this article, 49 and if the governing body is satisfied that no commission, salary, 50 compensation, reward or recompense what so ever will be paid or given to 51 any person holding, operating or conducting or assisting in the holding, 52 operation and conduct of any such games of bingo except as in this arti- 53 cle otherwise provided; and that no prize will be offered and given in 54 excess of the sum or value of five thousand dollars in any single game 55 and that the aggregate of all prizes offered and given in all of such 56 games conducted on a single occasion, under said license shall notA. 4592 13 1 exceed the sum or value of fifteen thousand dollars, then the munici- 2 pality shall issue a license to the applicant for the conduct of bingo 3 upon payment of a license fee of eighteen dollars and seventy-five cents 4 for each bingo occasion; provided, however, that the governing body 5 shall refuse to issue a license to an applicant seeking to conduct bingo 6 in premises of a licensed commercial lessor where such governing body 7 determines that the premises presently owned or occupied by such appli- 8 cant are in every respect adequate and suitable for conducting bingo 9 games. 10 § 27. Paragraph (a) of subdivision 9 of section 476 of the general 11 municipal law, as amended by section 16 of part LL of chapter 56 of the 12 laws of 2010, is amended to read as follows: 13 (a) a person convicted of a crime who has not received a pardon or a 14 certificate of restoration, good conduct or a certificate of relief from 15 disabilities pursuant to article twenty-three of the correction law; 16 § 28. Paragraph b of subdivision 5 of section 84-a of the town law, as 17 amended by section 10 of part LL of chapter 56 of the laws of 2010, is 18 amended to read as follows: 19 b. On the reverse side of such envelope shall be printed the following 20 statement: 21 STATEMENT OF ABSENTEE VOTER 22 I do declare that I will have been a citizen of the United States for 23 thirty days, and will be at least eighteen years of age, on the date of 24 the special town election; that I will have been a resident of this 25 state and of the town shown on the reverse side of this envelope for 26 thirty days next preceding the said election; that I am or on such date 27 will be, a registered voter of said town; that I will be unable to 28 appear personally on the day of said special town election at the poll- 29 ing place of the election district in which I am or will be a qualified 30 voter because of the reason stated on my application heretofore submit- 31 ted; that I have not qualified, or do I intend to vote, elsewhere than 32 as set forth on the reverse side of this envelope; that I have not 33 received or offered, do not expect to receive, have not paid, offered or 34 promised to pay, contributed, offered or promised to contribute to 35 another to be paid or used, any money or other valuable thing, as a 36 compensation or reward for the giving or withholding of a vote at this 37 special town election, and have not made any promise to influence the 38 giving or withholding of any such votes; that I have not made or become 39 directly or indirectly interested in any bet or wager depending upon the 40 result of this special town election; and that I have not been convicted 41 of bribery or any infamous crime, or, if so convicted, that I have been 42 pardoned or restored to all the rights of a citizen, without restriction 43 as to the right of suffrage, or received a certificate of restoration, a 44 certificate of relief from disabilities or a certificate of good conduct 45 pursuant to article twenty-three of the correction law removing my disa- 46 bility to register and vote or my maximum sentence of imprisonment has 47 expired. 48 I hereby declare that the foregoing is a true statement to the best of 49 my knowledge and belief, and I understand that if I make any material 50 false statement in the foregoing statement of absentee voter, I shall be 51 guilty of a misdemeanor. 52 Date.............. Signature of Voter.................. 53 § 29. Paragraph b of subdivision 5 of section 213-b of the town law, 54 as amended by section 12 of part LL of chapter 56 of the laws of 2010, 55 is amended to read as follows:A. 4592 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 § 30. Paragraph b of subdivision 5 of section 2018-a of the education 36 law, as amended by section 8 of part LL of chapter 56 of the laws of 37 2010, is amended to read as follows: 38 b. On the reverse side of such envelope shall be printed the following 39 statement: 40 STATEMENT OF ABSENTEE VOTER 41 I do declare that I am a citizen of the United States, and will be at 42 least eighteen years of age, on the date of the school district 43 election; that I will have been a resident of this state and of the 44 school district and school election district, if any, shown on the 45 reverse side of this envelope for thirty days next preceding the said 46 election and duly registered in the school district and school election 47 district, if any, shown on the reverse side of this envelope and that I 48 am or on such date will be, a qualified voter of said school district; 49 that I will be unable to appear personally on the day of said school 50 district election at the polling place of the said district in which I 51 am or will be a qualified voter because of the reason stated on my 52 application heretofore submitted; that I have not qualified, or do I 53 intend to vote, elsewhere than as set forth on the reverse side of thisA. 4592 15 1 envelope; that I have not received or offered, do not expect to receive, 2 have not paid, offered or promised to pay, contributed, offered or prom- 3 ised to contribute to another to be paid or used, any money or other 4 valuable thing, as a compensation or reward for the giving or withhold- 5 ing of a vote at this school district election, and have not made any 6 promise to influence the giving or withholding of any such votes; that I 7 have not made or become directly or indirectly interested in any bet or 8 wager depending upon the result of this school district election; and 9 that I have not been convicted of bribery or any infamous crime, or, if 10 so convicted, that I have been pardoned or restored to all the rights of 11 a citizen, without restriction as to the right of suffrage, or received 12 a certificate of restoration, a certificate of relief from disabilities 13 or a certificate of good conduct pursuant to article twenty-three of the 14 correction law removing my disability to register and vote or my maximum 15 sentence of imprisonment has expired. 16 I hereby declare that the foregoing is a true statement to the best of 17 my knowledge and belief, and I understand that if I make any material 18 false statement in the foregoing statement of absentee voter, I shall be 19 guilty of a misdemeanor. 20 Date.....................Signature of Voter .......................... 21 § 31. Paragraph b of subdivision 6 of section 2018-b of the education 22 law, as amended by section 9 of part LL of chapter 56 of the laws of 23 2010, is amended to read as follows: 24 b. On the reverse side of such envelope shall be printed the following 25 statement: 26 STATEMENT OF ABSENTEE VOTER 27 I do declare that I am a citizen of the United States, and will be at 28 least eighteen years of age on the date of the school district election; 29 that I will have been a resident of this state and of the school 30 district and school election district, if any, shown on the reverse side 31 of this envelope for thirty days next preceding the said election and 32 that I am or on such date will be, a qualified voter of said school 33 district; that I will be unable to appear personally on the day of said 34 school district election at the polling place of the said district in 35 which I am or will be a qualified voter because of the reason stated on 36 my application heretofore submitted; that I have not qualified, or do I 37 intend to vote, elsewhere than as set forth on the reverse side of this 38 envelope; that I have not received or offered, do not expect to receive, 39 have not paid, offered or promised to pay, contributed, offered or prom- 40 ised to contribute to another to be paid or used, any money or other 41 valuable thing, as a compensation or reward for the giving or withhold- 42 ing of a vote at this school district election, and have not made any 43 promise to influence the giving or withholding of any such votes; that I 44 have not made or become directly or indirectly interested in any bet or 45 wager depending upon the result of this school district election; and 46 that I have not been convicted of bribery or any infamous crime, or, if 47 so convicted, that I have been pardoned or restored to all the rights of 48 a citizen, without restriction as to the right of suffrage, or have 49 received a certificate of restoration, a certificate of relief from 50 disabilities or a certificate of good conduct pursuant to article twen- 51 ty-three of the correction law removing my disability to vote or my 52 maximum sentence of imprisonment has expired.A. 4592 16 1 I hereby declare that the foregoing is a true statement to the best of 2 my knowledge and belief, and I understand that if I make any material 3 false statement in the foregoing statement of absentee voter, I shall be 4 guilty of a misdemeanor. 5 Date....................Signature of Voter ........................... 6 § 32. Subdivision 2 of section 69-o of the general business law, as 7 amended by chapter 575 of the laws of 1993, is amended to read as 8 follows: 9 2. (a) After the filing of an applicant's fingerprint cards, the 10 secretary of state shall forward such fingerprints to the division of 11 criminal justice services to be compared with the fingerprints on file 12 with the division of criminal justice services in order to ascertain 13 whether the applicant has been convicted of a felony involving fraud, 14 bribery, perjury or theft pursuant to article one hundred forty, one 15 hundred fifty-five, one hundred sixty, one hundred sixty-five, one 16 hundred seventy, one hundred seventy-five, one hundred seventy-six, one 17 hundred eighty, one hundred eighty-five, one hundred ninety, one hundred 18 ninety-five, two hundred or two hundred ten of the penal law; or has a 19 criminal action which has been pending for such a felony for under one 20 year without a final disposition unless adjourned in contemplation of 21 dismissal; provided, however, that for the purposes of this article, 22 none of the following shall be considered criminal convictions or 23 reported as such: 24 [(a)] (i) A conviction which has been vacated and replaced by a youth- 25 ful offender finding pursuant to article seven hundred twenty of the 26 criminal procedure law, or the applicable provisions of law of any other 27 jurisdiction; or 28 [(b)] (ii) A conviction the records of which have been expunged or 29 sealed pursuant to the applicable provisions of the laws of this state 30 or of any other jurisdiction; or 31 [(c)] (iii) A conviction for which a certificate of restoration, a 32 certificate of relief from disabilities or a certificate of good conduct 33 has been issued pursuant to article twenty-three of the correction law. 34 (b) The division of criminal justice services shall retain the finger- 35 print cards and return the report of such convictions or pending cases, 36 if any, to the secretary of state who shall retain them in a confiden- 37 tial file for no more than one year, after which time such report shall 38 be destroyed. 39 (c) The secretary of state shall deny the application of any individ- 40 ual convicted of a felony involving fraud, bribery, perjury or theft 41 pursuant to article one hundred forty, one hundred fifty-five, one 42 hundred sixty, one hundred sixty-five, one hundred seventy, one hundred 43 seventy-five, one hundred seventy-six, one hundred eighty, one hundred 44 eighty-five, one hundred ninety, one hundred ninety-five, two hundred or 45 two hundred ten of the penal law; or has a criminal action which has 46 been pending for such a felony for under one year without a final dispo- 47 sition unless adjourned in contemplation of dismissal; provided, howev- 48 er, that for the purposes of this article, none of the following shall 49 be considered criminal convictions or reported as such: 50 (i) A conviction which has been vacated and replaced by a youthful 51 offender finding pursuant to article seven hundred twenty of the crimi- 52 nal procedure law, or the applicable provisions of law of any other 53 jurisdiction; orA. 4592 17 1 (ii) A conviction the records of which have been expunged or sealed 2 pursuant to the applicable provisions of the laws of this state or of 3 any other jurisdiction; or 4 (iii) A conviction for which a certificate of restoration, relief from 5 disabilities or a certificate of good conduct has been issued pursuant 6 to article twenty-three of the correction law. 7 § 33. Subdivision 2 of section 74 of the general business law, as 8 amended by chapter 680 of the laws of 1967, paragraph (g) as amended by 9 chapter 232 of the laws of 2010 and paragraph (h) as amended by section 10 13 of part LL of chapter 56 of the laws of 2010, is amended to read as 11 follows: 12 2. Except as hereinafter in this subdivision provided, no such license 13 shall be issued to any person who has been convicted in this state or 14 any other state or territory of a felony, or any of the following 15 offenses, to wit: (a) illegally using, carrying or possessing a pistol 16 or other dangerous weapon; (b) making or possessing burglar's instru- 17 ments; (c) buying or receiving or criminally possessing stolen property; 18 (d) unlawful entry of a building; (e) aiding escape from prison; (f) 19 unlawfully possessing or distributing habit forming narcotic drugs; (g) 20 violating subdivision six of section seven hundred twenty-two of the 21 former penal law as in force and effect immediately prior to September 22 first, nineteen hundred sixty-seven, or violating section 165.25 or 23 165.30 of the penal law; (h) violating section seven hundred forty-two, 24 section seven hundred forty-three, or section seven hundred forty-five 25 of the said former penal law, or violating any section contained in 26 article two hundred fifty of the penal law. Except as hereinafter in 27 this subdivision provided, no license shall be issued to any person 28 whose license has been previously revoked by the department of state or 29 the authorities of any other state or territory because of conviction of 30 any of the offenses specified in this section. The provisions of this 31 subdivision shall not prevent the issuance of a license to any person 32 who, subsequent to his conviction, shall have received executive pardon 33 therefor removing this disability, or who has received a certificate of 34 restoration, a certificate of 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 conviction 37 or previous license revocation occasioned thereby. 38 § 34. Subdivision 1 of section 81 of the general business law, as 39 amended by section 14 of part LL of chapter 56 of the laws of 2010, is 40 amended to read as follows: 41 1. The holder of any license certificate issued pursuant to this arti- 42 cle may employ to assist him in his work of private detective or inves- 43 tigator or bail enforcement agent as described in section seventy-one of 44 this article and in the conduct of such business as many persons as he 45 may deem necessary, and shall at all times during such employment be 46 legally responsible for the good conduct in the business of each and 47 every person so employed. 48 No holder of any unexpired license certificate issued pursuant to this 49 article shall knowingly employ in connection with his or its business in 50 any capacity whatsoever, any person who has been convicted of a felony 51 or any of the offenses specified in subdivision two of section seventy- 52 four of this article, and who has not subsequent to such conviction 53 received executive pardon therefor removing this disability, or received 54 a certificate of restoration, relief from disabilities or a certificate 55 of good conduct pursuant to article twenty-three of the correction law 56 to remove the disability under this section because of such aA. 4592 18 1 conviction, or any person whose private detective or investigator's 2 license or bail enforcement agent's license was revoked or application 3 for such license was denied by the department of state or by the author- 4 ities of any other state or territory because of conviction of any of 5 such offenses. Should the holder of an unexpired license certificate 6 falsely state or represent that a person is or has been in his employ, 7 such false statement or misrepresentation shall be sufficient cause for 8 the revocation of such license. Any person falsely stating or represent- 9 ing that he is or has been a detective or employed by a detective agency 10 or that he is or has been a bail enforcement agent or employed by a bail 11 enforcement agency shall be guilty of a misdemeanor. 12 § 35. Paragraph 4 of subsection (d) of section 2108 of the insurance 13 law, as amended by section 18 of part LL of chapter 56 of the laws of 14 2010, is amended to read as follows: 15 (4) This subsection shall not prevent the employment of or the issu- 16 ance of a license to any person who, subsequent to his conviction, shall 17 have received executive pardon therefor removing this disability, or who 18 has received a certificate of restoration, relief from disabilities or a 19 certificate of good conduct pursuant to article twenty-three of the 20 correction law to remove the disability under this section because of 21 such conviction or previous license revocation occasioned thereby. 22 § 36. Subdivision 6 of section 369 of the banking law, as amended by 23 chapter 164 of the laws of 2003 and paragraph (b) as amended by section 24 6 of part LL of chapter 56 of the laws of 2010, is amended to read as 25 follows: 26 6. The superintendent may refuse to issue a license pursuant to this 27 article if he shall find that the applicant, or any person who is a 28 director, officer, partner, agent, employee or substantial stockholder 29 of the applicant, (a) has been convicted of a crime in any jurisdiction 30 or (b) is associating or consorting with any person who has, or persons 31 who have, been convicted of a crime or crimes in any jurisdiction or 32 jurisdictions; provided, however, that the superintendent shall not 33 issue such a license if he shall find that the applicant, or any person 34 who is a director, officer, partner, agent, employee or substantial 35 stockholder of the applicant, has been convicted of a felony in any 36 jurisdiction or of a crime which, if committed within this state, would 37 constitute a felony under the laws thereof. For the purposes of this 38 article, a person shall be deemed to have been convicted of a crime if 39 such person shall have pleaded guilty to a charge thereof before a court 40 or magistrate, or shall have been found guilty thereof by the decision 41 or judgment of a court or magistrate or by the verdict of a jury, irre- 42 spective of the pronouncement of sentence or the suspension thereof, 43 unless such plea of guilty, or such decision, judgment or verdict, shall 44 have been set aside, reversed or otherwise abrogated by lawful judicial 45 process or unless the person convicted of the crime shall have received 46 a pardon therefor from the president of the United States or the gover- 47 nor or other pardoning authority in the jurisdiction where the 48 conviction was had, or shall have received a certificate of restoration, 49 relief from disabilities or a certificate of good conduct pursuant to 50 article twenty-three of the correction law to remove the disability 51 under this article because of such conviction. The term "substantial 52 stockholder," as used in this subdivision, shall be deemed to refer to a 53 person owning or controlling ten per centum or more of the total 54 outstanding stock of the corporation in which such person is a stock- 55 holder. In making a determination pursuant to this subdivision, the 56 superintendent shall require fingerprinting of the applicant. Such fing-A. 4592 19 1 erprints shall be submitted to the division of criminal justice services 2 for a state criminal history record check, as defined in subdivision one 3 of section three thousand thirty-five of the education law, and may be 4 submitted to the federal bureau of investigation for a national criminal 5 history record check. 6 § 37. Paragraph 5 of subdivision a of section 265.20 of the penal law, 7 as amended by chapter 235 of the laws of 2007, is amended to read as 8 follows: 9 5. Possession of a rifle or shotgun by a person other than a person 10 who has been convicted of a class A-I felony or a violent felony 11 offense, as defined in subdivision one of section 70.02 of this chapter, 12 who has been convicted as specified in subdivision four of section 13 265.01 of this article to whom a certificate of restoration or good 14 conduct has been issued [pursuant to section seven hundred three-b of15the correction law]. 16 § 38. Section 751 of the correction law, as amended by chapter 284 of 17 the laws of 2007, is amended to read as follows: 18 § 751. Applicability. The provisions of this article shall apply to 19 any application by any person for a license or employment at any public 20 or private employer, who has previously been convicted of one or more 21 criminal offenses in this state or in any other jurisdiction, and to any 22 license or employment held by any person whose conviction of one or more 23 criminal offenses in this state or in any other jurisdiction preceded 24 such employment or granting of a license, except where a mandatory 25 forfeiture, disability or bar to employment is imposed by law, and has 26 not been removed by an executive pardon, or a certificate of restora- 27 tion, relief from disabilities or certificate of good conduct. Nothing 28 in this article shall be construed to affect any right an employer may 29 have with respect to an intentional misrepresentation in connection with 30 an application for employment made by a prospective employee or previ- 31 ously made by a current employee. 32 § 39. Subdivision 2 of section 753 of the correction law, as added by 33 chapter 931 of the laws of 1976, is amended to read as follows: 34 2. In making a determination pursuant to section seven hundred fifty- 35 two of this [chapter] article, the public agency or private employer 36 shall also give consideration to a certificate of restoration, relief 37 from disabilities or a certificate of good conduct issued to the appli- 38 cant, which certificate shall create a presumption of rehabilitation in 39 regard to the offense or offenses specified therein. 40 § 40. The closing paragraph of subdivision 4 of section 79-a of the 41 civil rights law, as amended by section 7 of part LL of chapter 56 of 42 the laws of 2010, is amended to read as follows: 43 5. Nothing in this section shall be deemed to preclude the issuance of 44 a certificate of relief from disabilities, certificate of restoration or 45 a certificate of good conduct pursuant to article twenty-three of the 46 correction law to a person who previously has been sentenced to impri- 47 sonment for life. 48 § 41. The first undesignated paragraph of section 440-a of the real 49 property law, as amended by section 23 of part LL of chapter 56 of the 50 laws of 2010, is amended to read as follows: 51 No person, co-partnership, limited liability company or corporation 52 shall engage in or follow the business or occupation of, or hold himself 53 or itself out or act temporarily or otherwise as a real estate broker or 54 real estate salesman in this state without first procuring a license 55 therefor as provided in this article. No person shall be entitled to a 56 license as a real estate broker under this article, either as an indi-A. 4592 20 1 vidual or as a member of a co-partnership, or as a member or manager of 2 a limited liability company or as an officer of a corporation, unless he 3 or she is twenty years of age or over, a citizen of the United States or 4 an alien lawfully admitted for permanent residence in the United States. 5 No person shall be entitled to a license as a real estate salesman under 6 this article unless he or she is over the age of eighteen years. No 7 person shall be entitled to a license as a real estate broker or real 8 estate salesman under this article who has been convicted in this state 9 or elsewhere of a felony, of a sex offense, as defined in subdivision 10 two of section one hundred sixty-eight-a of the correction law or any 11 offense committed outside of this state which would constitute a sex 12 offense, or a sexually violent offense, as defined in subdivision three 13 of section one hundred sixty-eight-a of the correction law or any 14 offense committed outside this state which would constitute a sexually 15 violent offense, and who has not subsequent to such conviction received 16 executive pardon therefor or a certificate of restoration, relief from 17 disabilities or a certificate of good conduct pursuant to article twen- 18 ty-three of the correction law, to remove the disability under this 19 section because of such conviction. No person shall be entitled to a 20 license as a real estate broker or real estate salesman under this arti- 21 cle who does not meet the requirements of section 3-503 of the general 22 obligations law. 23 § 42. Paragraph (a) of subdivision 1 of section 20-438 of the adminis- 24 trative code of the city of New York is amended to read as follows: 25 (a) Issuance of licenses to conduct games of chance. If such depart- 26 ment shall determine that the applicant is duly qualified to be licensed 27 to conduct games of chance under this subchapter; that the members of 28 the applicant designated in the application to conduct games of chance 29 are bona fide active members of the applicant and are persons of good 30 moral character and have never been convicted of a crime, or, if 31 convicted, have received a pardon or a certificate of restoration or a 32 certificate of good conduct; that such games are to be conducted in 33 accordance with the provisions of this subchapter and in accordance with 34 the rules and regulations of the board and that the proceeds thereof are 35 to be disposed of as provided by this subchapter; and if such department 36 is satisfied that no commission, salary, compensation, reward or recom- 37 pense whatever will be paid or given to any person holding, operating or 38 conducting or assisting in the holding, operation and conduct of any 39 such games except as in this subchapter otherwise provided; and that no 40 prize will be given in excess of the sum or value of one hundred dollars 41 in any single game and that the aggregate of all prizes given on one 42 occasion, under said license shall not exceed the sum or value of one 43 thousand dollars, the department shall issue a license to the applicant 44 for the conduct of games of chance upon payment of a license fee of 45 twenty-five dollars for each license period. 46 § 43. Paragraph (a) of subdivision 5 of section 2806 of the public 47 health law, as amended by section 20 of part LL of chapter 56 of the 48 laws of 2010, is amended to read as follows: 49 (a) Except as provided in paragraphs (b) and (d) of this subdivision, 50 anything contained in this section or in a certificate of restoration, 51 relief from disabilities or a certificate of good conduct issued pursu- 52 ant to article twenty-three of the correction law to the contrary 53 notwithstanding, a hospital operating certificate of a hospital under 54 control of a controlling person as defined in paragraph (a) of subdivi- 55 sion twelve of section twenty-eight hundred one-a of this article, or 56 under control of any other entity, shall be revoked upon a finding byA. 4592 21 1 the department that such controlling person or any individual, member of 2 a partnership or shareholder of a corporation to whom or to which an 3 operating certificate has been issued, has been convicted of a class A, 4 B or C felony, or a felony related in any way to any activity or program 5 subject to the regulations, supervision, or administration of the 6 department or of the office of temporary and disability assistance or in 7 violation of the public officers law in a court of competent jurisdic- 8 tion in the state, or of a crime outside the state which, if committed 9 within the state, would have been a class A, B or C felony or a felony 10 related in any way to any activity or program subject to the regu- 11 lations, supervision, or administration of the department or of the 12 office of temporary and disability assistance or in violation of the 13 public officers law. 14 § 44. Subdivision 5 of section 530 of the vehicle and traffic law, as 15 amended by section 31 of part LL of chapter 56 of the laws of 2010, is 16 amended to read as follows: 17 (5) A restricted use license or privilege shall be valid for the oper- 18 ation of any motor vehicle, except a vehicle for hire as a taxicab, 19 livery, coach, limousine, van or wheelchair accessible van or tow truck 20 as defined in this chapter subject to the conditions set forth herein, 21 which the holder would otherwise be entitled to operate had his drivers 22 license or privilege not been suspended or revoked. Notwithstanding 23 anything to the contrary in a certificate of restoration, relief from 24 disabilities or a certificate of good conduct issued pursuant to article 25 twenty-three of the correction law, a restricted use license shall not 26 be valid for the operation of a commercial motor vehicle. A restricted 27 use license shall not be valid for the operation of a vehicle for hire 28 as a taxicab, livery, coach, limousine, van or wheelchair accessible van 29 or tow truck where the holder thereof had his or her drivers license 30 suspended or revoked and (i) such suspension or revocation is mandatory 31 pursuant to the provisions of subdivision two or two-a of section five 32 hundred ten of this title; or (ii) any such suspension is permissive for 33 habitual or persistent violations of this chapter or any local law 34 relating to traffic as set forth in paragraph d or i of subdivision 35 three of section five hundred ten of this title; or (iii) any such 36 suspension is permissive and has been imposed by a magistrate, justice 37 or judge of any city, town or village, any supreme court justice, any 38 county judge, or judge of a district court. Except for a commercial 39 motor vehicle as defined in subdivision four of section five hundred 40 one-a of this title, the restrictions on types of vehicles which may be 41 operated with a restricted license contained in this subdivision shall 42 not be applicable to a restricted license issued to a person whose 43 license has been suspended pursuant to paragraph three of subdivision 44 four-e of section five hundred ten of this title. 45 § 45. Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of 46 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 47 by section 32 of part LL of chapter 56 of the laws of 2010, is amended 48 to read as follows: 49 (ii) that such person is granted a certificate of restoration, relief 50 from disabilities or a certificate of good conduct pursuant to article 51 twenty-three of the correction law. 52 Provided, however, that the commissioner may, on a case by case basis, 53 refuse to restore a license which otherwise would be restored pursuant 54 to this item, in the interest of the public safety and welfare.A. 4592 22 1 § 46. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193 2 of the vehicle and traffic law, as amended by section 34 of part LL of 3 chapter 56 of the laws of 2010, is amended to read as follows: 4 (1) Notwithstanding anything to the contrary contained in a certif- 5 icate of restoration, relief from disabilities or a certificate of good 6 conduct issued pursuant to article twenty-three of the correction law, 7 where a suspension or revocation, other than a revocation required to be 8 issued by the commissioner, is mandatory pursuant to paragraph (a) or 9 (b) of this subdivision, the magistrate, justice or judge shall issue an 10 order suspending or revoking such license upon sentencing, and the 11 license holder shall surrender such license to the court. Except as 12 hereinafter provided, such suspension or revocation shall take effect 13 immediately. 14 § 47. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of 15 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 16 by section 33 of part LL of chapter 56 of the laws of 2010, is amended 17 to read as follows: 18 (iii) after such documentation is accepted, that such person is grant- 19 ed a certificate of restoration, relief from disabilities or a certif- 20 icate of good conduct pursuant to article twenty-three of the correction 21 law. 22 § 48. Item (iii) of clause a of subparagraph 3 of paragraph (e) of 23 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 24 by section 35 of part LL of chapter 56 of the laws of 2010, is amended 25 to read as follows: 26 (iii) after such documentation is accepted, that such person is grant- 27 ed a certificate of restoration, relief from disabilities or a certif- 28 icate of good conduct pursuant to article twenty-three of the correction 29 law. 30 § 49. Item (iii) of clause c of subparagraph 1 of paragraph (d) of 31 subdivision 2 of section 1194 of the vehicle and traffic law, as amended 32 by section 37 of part LL of chapter 56 of the laws of 2010, is amended 33 to read as follows: 34 (iii) after such documentation is accepted, that such person is grant- 35 ed a certificate of restoration, relief from disabilities or a certif- 36 icate of good conduct pursuant to article twenty-three of the correction 37 law by the court in which such person was last penalized. 38 § 50. Paragraph (g) of subdivision 7 of section 1196 of the vehicle 39 and traffic law, as amended by section 38 of part LL of chapter 56 of 40 the laws of 2010, is amended to read as follows: 41 (g) Notwithstanding anything to the contrary contained in a certif- 42 icate of restoration, relief from disabilities or a certificate of good 43 conduct issued pursuant to article twenty-three of the correction law, 44 any conditional license or privilege issued to a person convicted of a 45 violation of any subdivision of section eleven hundred ninety-two of 46 this article shall not be valid for the operation of any commercial 47 motor vehicle. In addition, no such conditional license or privilege 48 shall be valid for the operation of a taxicab as defined in this chap- 49 ter. 50 § 51. This act shall take effect on the one hundred eightieth day 51 after it shall have become a law provided, however, that the amendments 52 to subdivision 5 of section 530 of the vehicle and traffic law made by 53 section forty-four of this act shall not affect the expiration of such 54 subdivision and shall be deemed to expire therewith.
