Bill Text: NY S05757 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 5757 (Prior Session Legislation)

Introduced

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 (Republican 1-0)

Status: (Passed) 2011-08-17 - SIGNED CHAP.488 [S05757 Detail]

Download: New_York-2011-S05757-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5757
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 14, 2011
                                      ___________
       Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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. Subdivision 1 of section 702  of  the  correction  law,  as
    2  amended  by  section 32 of subpart B of part C of chapter 62 of the laws
    3  of 2011, is amended to read as follows:
    4    1. Any court of this state may, in its discretion, issue a certificate
    5  of relief from disabilities to an eligible  offender  for  a  conviction
    6  that occurred in such court, if the court either (a) imposed a revocable
    7  sentence or (b) imposed a sentence other than one executed by commitment
    8  to  an  institution  under  the  jurisdiction of the state department of
    9  corrections and community supervision. Such certificate  may  be  issued
   10  (i)  at  the  time  sentence  is  pronounced, in which case it may grant
   11  relief from forfeitures, as well as from disabilities, or  (ii)  at  any
   12  time  thereafter,  in  which  case  it shall apply only to disabilities.
   13  WHERE SUCH COURT EITHER  IMPOSES  A  REVOCABLE  SENTENCE  OR  IMPOSES  A
   14  SENTENCE  OTHER  THAN ONE EXECUTED BY COMMITMENT TO AN INSTITUTION UNDER
   15  THE JURISDICTION OF THE STATE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
   16  SUPERVISION, THE COURT, UPON APPLICATION AND IN ACCORDANCE WITH SUBDIVI-
   17  SION  TWO  OF  THIS SECTION, SHALL INITIALLY DETERMINE THE FITNESS OF AN
   18  ELIGIBLE OFFENDER FOR SUCH CERTIFICATE PRIOR TO OR AT THE TIME  SENTENCE
   19  IS PRONOUNCED.
   20    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11554-04-1