Bill Text: NY A07597 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that where the court imposes a revocable sentence of imprisonment or imposes a sentence other than one executed by commitment to an institution under jurisdiction of the state department of corrections and community supervision the court shall initially determine the fitness of an eligible offender for a certificate of relief from disability.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2011-06-22 - substituted by s5757 [A07597 Detail]

Download: New_York-2011-A07597-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7597
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 10, 2011
                                      ___________
       Introduced  by M. of A. AUBRY -- read once and referred to the Committee
         on Correction
       AN ACT to amend the correction law,  in  relation  to  the  issuance  of
         certificates of relief from disabilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 1 and 2 of section 702 of the correction  law,
    2  subdivision 1 as amended by section 32 of subpart B of part C of chapter
    3  62  of  the  laws of 2011 and subdivision 2 as amended by chapter 342 of
    4  the laws of 1972, are amended to read as follows:
    5    1. Any court of this state may, in its discretion, issue a certificate
    6  of relief from disabilities to an eligible  offender  for  a  conviction
    7  that occurred in such court, if the court either (a) imposed a revocable
    8  sentence or (b) imposed a sentence other than one executed by commitment
    9  to  an  institution  under  the  jurisdiction of the state department of
   10  corrections and community supervision. Such certificate  may  be  issued
   11  (i)  at  the  time  sentence  is  pronounced, in which case it may grant
   12  relief from forfeitures, as well as from disabilities, or  (ii)  at  any
   13  time  thereafter,  in  which  case  it shall apply only to disabilities.
   14  WHERE SUCH COURT EITHER  IMPOSED  A  REVOCABLE  SENTENCE  OR  IMPOSES  A
   15  SENTENCE  OTHER  THAN ONE EXECUTED BY COMMITMENT TO AN INSTITUTION UNDER
   16  THE JURISDICTION OF THE STATE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
   17  SUPERVISION, THE COURT, UPON APPLICATION AND IN ACCORDANCE WITH SUBDIVI-
   18  SION  TWO  OF  THIS SECTION, SHALL INITIALLY DETERMINE THE FITNESS OF AN
   19  ELIGIBLE OFFENDER FOR SUCH CERTIFICATE PRIOR TO OR AT THE TIME  SENTENCE
   20  IS PRONOUNCED.
   21    2.  Such  certificate  shall  [not]  be  issued  by the court [unless]
   22  PROVIDED THAT the court is satisfied that:
   23    (a) The person to whom it is to be granted is an eligible offender, as
   24  defined in section seven hundred OF THIS ARTICLE;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11554-01-1
       A. 7597                             2
    1    (b) The relief to be granted by the certificate is consistent with the
    2  rehabilitation of the eligible offender; and
    3    (c) The relief to be granted by the certificate is consistent with the
    4  public interest.
    5    S 2. This act shall take effect immediately.