Bill Text: NY A05738 | 2023-2024 | General Assembly | Amended
Bill Title: Creates an identification card program for incarcerated individuals in local correctional facilities; requires such identification cards to be identical to non-driver identification cards issued to the general public; waives fees for such identification cards.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2024-04-10 - print number 5738a [A05738 Detail]
Download: New_York-2023-A05738-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5738--A 2023-2024 Regular Sessions IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. FAHY, McDONALD, EPSTEIN, BRONSON, SIMON, MAMDANI, GLICK, O'DONNELL -- read once and referred to the Committee on Correction -- recommitted to the Committee on Correction in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to creating an identifi- cation card program for incarcerated individuals in local correctional facilities; and to amend the vehicle and traffic law, in relation to issuance of and waiver of fees for identification cards issued pursu- ant to identification card programs under the correction law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The correction law is amended by adding a new section 512 2 to read as follows: 3 § 512. Identification card program. 1. For purposes of this section, 4 "identification card" shall have the same meaning as defined in section 5 four hundred ninety of the vehicle and traffic law. 6 2. The department of motor vehicles shall develop a program that would 7 allow incarcerated individuals in local correctional facilities without 8 an identification card, or who have not been issued a driver's license 9 or learner's permit by the commissioner of motor vehicles, or whose 10 driver's license or learner's permit is expired, suspended, revoked or 11 surrendered, or whose identification card is expired, to obtain an iden- 12 tification card prior to such incarcerated individual's release from a 13 local correctional facility at the option of such incarcerated individ- 14 ual. 15 3. If the identification card program developed by the department of 16 motor vehicles pursuant to this section provides an option for eligible 17 incarcerated individuals to elect to register to vote in the state of 18 New York in the process of applying for an identification card, the 19 department shall develop regulations to notify incarcerated individuals EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09944-02-4A. 5738--A 2 1 who are not eligible to vote in the state of New York of such ineligi- 2 bility prior to their completion of such application. 3 4. The sentence and commitment of an incarcerated individual in a 4 local correctional facility shall be deemed sufficient to grant authori- 5 zation to the sheriff of such local correctional facility to assist such 6 incarcerated individual to apply for and obtain an identification card 7 from the department of motor vehicles. 8 5. (a) Prior to an incarcerated individual's release from a local 9 correctional facility, the sheriff of such local correctional facility 10 shall notify such incarcerated individual, verbally and in writing, of 11 the identification card program under this section. The sheriff of such 12 local correctional facility shall also document that such sheriff 13 offered to assist such incarcerated individual in obtaining an identifi- 14 cation card and if such incarcerated individual declined. The sheriff of 15 a local correctional facility shall make diligent efforts to ensure that 16 an incarcerated individual is provided with an identification card, if 17 requested, prior to or upon the release of such individual from such 18 local correctional facility. 19 (b) If an identification card is obtained with the assistance of the 20 sheriff of a local correctional facility for an incarcerated individual 21 prior to such individual's release from such local correctional facili- 22 ty, such identification card shall be kept in such incarcerated individ- 23 ual's records until such individual is released from such local correc- 24 tional facility; and upon such individual's release, such identification 25 card shall be provided to such individual. 26 § 2. Section 490 of the vehicle and traffic law is amended by adding a 27 new subdivision 4 to read as follows: 28 4. Identification card programs. Identification cards issued to incar- 29 cerated individuals pursuant to an identification card program under 30 section eleven or five hundred twelve of the correction law shall be 31 formatted identically to all other identification cards issued pursuant 32 to this section. Such identification cards shall not contain any mark- 33 ings or other indications that such identification cards were issued 34 pursuant to such an identification card program. 35 § 3. Subdivision 3 of section 491 of the vehicle and traffic law, as 36 amended by section 2 of part Q of chapter 58 of the laws of 2022, is 37 amended to read as follows: 38 3. Waiver of fee. The commissioner may waive the payment of fees 39 required by subdivision two of this section if the applicant is (a) an 40 incarcerated individual in an institution or correctional facility under 41 the jurisdiction of a state department or agency, or a local correction- 42 al facility as defined by section two of the correction law, or (b) a 43 victim of a crime and the identification card applied for is a replace- 44 ment for one that was lost or destroyed as a result of the crime. 45 § 4. This act shall take effect on the thirtieth day after it shall 46 have become a law. Effective immediately, the addition, amendment and/or 47 repeal of any rule or regulation necessary for the implementation of 48 this act on its effective date are authorized to be made and completed 49 on or before such effective date.
