S T A T E O F N E W Y O R K
________________________________________________________________________
74
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, the executive law, the tax law, the
vehicle and traffic law, the alcoholic beverage control law, the agri-
culture and markets law, the public health law, the general municipal
law, the town law, the education law, the general business law, the
insurance law, the banking law, the penal law, the civil rights law,
the real property law and the administrative code of the city of New
York, in relation to the issuance of certificates of restoration; and
to repeal certain provisions of the correction law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 700 of the correction law, as amended by chapter
2 342 of the laws of 1972, is amended to read as follows:
3 S 700. Definitions [and rules of construction]. [1.] As used in this
4 article the following terms have the following meanings:
5 [(a)] 1. "Eligible offender" shall mean a person who has been
6 convicted of a crime or of an offense[, but who has not been convicted
7 more than once of a felony].
8 [(b)] 2. "Felony" means a conviction of a felony in this state, or of
9 an offense in any other jurisdiction for which a sentence to a term of
10 imprisonment in excess of one year, or a sentence of death, was author-
11 ized.
12 [(c)] 3. "Revocable sentence" means a suspended sentence or a sentence
13 upon which execution was suspended pursuant to the penal law in effect
14 prior to September first, nineteen hundred sixty-seven; or a sentence of
15 probation or of conditional discharge imposed pursuant to the penal law
16 in effect after September first, nineteen hundred sixty-seven.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01299-01-5
S. 74 2
1 [2. For the purposes of this article the following rules of
2 construction shall apply:
3 (a) Two or more convictions of felonies charged in separate counts of
4 one indictment or information shall be deemed to be one conviction;
5 (b) Two or more convictions of felonies charged in two or more indict-
6 ments or information, filed in the same court prior to entry of judgment
7 under any of them, shall be deemed to be one conviction; and
8 (c) A plea or a verdict of guilty upon which sentence or the execution
9 of sentence has been suspended or upon which a sentence of probation,
10 conditional discharge, or unconditional discharge has been imposed shall
11 be deemed to be a conviction.]
12 S 2. Section 701 of the correction law, as amended by chapter 342 of
13 the laws of 1972, subdivision 2 as amended by chapter 235 of the laws of
14 2007, is amended to read as follows:
15 S 701. Certificate of [relief from disabilities] RESTORATION. 1. A
16 certificate of [relief from disabilities] RESTORATION may be granted as
17 provided in this article to relieve an eligible offender of any forfei-
18 ture or disability, or to remove any bar to his OR HER employment, auto-
19 matically imposed by law by reason of his OR HER conviction of the crime
20 or of the offense specified therein. Such certificate may be limited to
21 one or more enumerated forfeitures, disabilities or bars, or may relieve
22 the eligible offender of all forfeitures, disabilities and bars.
23 Provided, however, that no such certificate shall apply, or be construed
24 so as to apply, to the right of such person to retain or to be eligible
25 for public office.
26 2. Notwithstanding any other provision of law, except subdivision five
27 of section twenty-eight hundred six of the public health law or para-
28 graph (b) of subdivision two of section eleven hundred ninety-three of
29 the vehicle and traffic law, a conviction of a crime or of an offense
30 specified in a certificate of [relief from disabilities] RESTORATION
31 shall not cause automatic forfeiture of any license, other than a
32 license issued pursuant to section 400.00 of the penal law to a person
33 convicted of a class A-I felony or a violent felony offense, as defined
34 in subdivision one of section 70.02 of the penal law, permit, employ-
35 ment, or franchise, including the right to register for or vote at an
36 election, or automatic forfeiture of any other right or privilege, held
37 by the eligible offender and covered by the certificate. Nor shall such
38 conviction be deemed to be a conviction within the meaning of any
39 provision of law that imposes, by reason of a conviction, a bar to any
40 employment, a disability to exercise any right, or a disability to apply
41 for or to receive any license, permit, or other authority or privilege
42 covered by the certificate; provided, however, that a conviction for a
43 second or subsequent violation of any subdivision of section eleven
44 hundred ninety-two of the vehicle and traffic law committed within the
45 preceding ten years shall impose a disability to apply for or receive an
46 operator's license during the period provided in such law; and provided
47 further, however, that a conviction for a class A-I felony or a violent
48 felony offense, as defined in subdivision one of section 70.02 of the
49 penal law, shall impose a disability to apply for or receive a license
50 or permit issued pursuant to section 400.00 of the penal law. A certif-
51 icate of [relief from a disability] RESTORATION imposed pursuant to
52 subparagraph (v) of paragraph b of subdivision two and paragraphs i and
53 j of subdivision six of section five hundred ten of the vehicle and
54 traffic law may only be issued upon a determination that compelling
55 circumstances warrant such relief.
S. 74 3
1 3. A certificate of [relief from disabilities] RESTORATION shall not,
2 however, in any way prevent any judicial, administrative, licensing or
3 other body, board or authority from [relying upon] CONSIDERING the
4 conviction specified therein as the basis for the exercise of its
5 discretionary power to suspend, revoke, refuse to issue or refuse to
6 renew any license, permit or other authority or privilege IN ACCORDANCE
7 WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THIS CHAPTER.
8 4. NOTWITHSTANDING ANY OTHER SECTION OF LAW, A CERTIFICATE OF GOOD
9 CONDUCT OR A CERTIFICATE OF RELIEF FROM DISABILITIES SHALL BE CONSTRUED
10 TO MEAN A CERTIFICATE OF RESTORATION, BUT SHALL NOT BE CONSTRUED TO
11 EXPAND OR LIMIT ANY RELIEF PREVIOUSLY GRANTED. ANY CERTIFICATE OF RELIEF
12 FROM DISABILITIES OR CERTIFICATE OF GOOD CONDUCT ISSUED PRIOR TO THE
13 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT
14 ADDED THIS SUBDIVISION SHALL BE DEEMED THE EQUIVALENT OF A CERTIFICATE
15 OF RESTORATION AND SHALL REMAIN IN FULL FORCE AND EFFECT ON AND AFTER
16 SUCH EFFECTIVE DATE. NOTHING IN THE CHAPTER OF THE LAWS OF TWO THOUSAND
17 FIFTEEN THAT ADDED THIS SUBDIVISION SHALL BE READ TO INVALIDATE A
18 CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT
19 ISSUED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
20 THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION ON OR AFTER SUCH EFFECTIVE
21 DATE.
22 S 3. Section 702 of the correction law, as amended by chapter 342 of
23 the laws of 1972, the section heading as amended by chapter 931 of the
24 laws of 1976, subdivision 1 as amended by chapter 488 of the laws of
25 2011, subdivision 3 as amended by section 64 of part A of chapter 56 of
26 the laws of 2010 and subdivisions 4 and 6 as amended by section 32 of
27 subpart B of part C of chapter 62 of the laws of 2011, is amended to
28 read as follows:
29 S 702. Certificates of [relief from disabilities] RESTORATION issued
30 by courts. 1. Any court of this state may, in its discretion, issue a
31 certificate of [relief from disabilities] RESTORATION to an eligible
32 offender for a conviction that occurred in such court, if the court
33 either (a) imposed a revocable sentence or (b) imposed a sentence other
34 than one executed by commitment to an institution under the jurisdiction
35 of the state department of corrections and community supervision. Such
36 certificate may be issued (i) at the time sentence is pronounced, in
37 which case it may grant relief from forfeitures, as well as from disa-
38 bilities[,] or (ii) at any time thereafter, in which case it shall apply
39 only to disabilities. Where such court either imposes a revocable
40 sentence or imposes a sentence other than one executed by commitment to
41 an institution under the jurisdiction of the state department of
42 corrections and community supervision, the court, upon application and
43 in accordance with subdivision two of this section, shall initially
44 determine the fitness of an eligible offender for such certificate prior
45 to or at the time sentence is pronounced.
46 2. Such certificate shall not be issued by the court unless the court
47 is satisfied that:
48 (a) The person to whom it is to be granted is an eligible offender, as
49 defined in section seven hundred OF THIS ARTICLE;
50 (b) The relief to be granted by the certificate is consistent with the
51 rehabilitation of the eligible offender; and
52 (c) The relief to be granted by the certificate is consistent with the
53 public interest.
54 3. Where a certificate of [relief from disabilities] RESTORATION is
55 not issued at the time sentence is pronounced it shall only be issued
56 thereafter upon verified application to the court. The court may, for
S. 74 4
1 the purpose of determining whether such certificate shall be issued,
2 request its probation service to conduct an investigation of the appli-
3 cant, or if the court has no probation service it may request the
4 probation service of the county court for the county in which the court
5 is located to conduct such investigation. Any probation officer
6 requested to make an investigation pursuant to this section shall
7 prepare and submit to the court a written report in accordance with such
8 request.
9 4. Where the court has imposed a revocable sentence and the certif-
10 icate of [relief from disabilities] RESTORATION is issued prior to the
11 expiration or termination of the time which the court may revoke such
12 sentence, the certificate shall be deemed to be a temporary certificate
13 until such time as the court's authority to revoke the sentence has
14 expired or is terminated. While temporary, such certificate (a) may be
15 revoked by the court for violation of the conditions of the sentence,
16 and (b) shall be revoked by the court if it revokes the sentence and
17 commits the person to an institution under the jurisdiction of the state
18 department of corrections and community supervision. Any such revocation
19 shall be upon notice and after an opportunity to be heard. If the
20 certificate is not so revoked, it shall become a permanent certificate
21 upon expiration or termination of the court's authority to revoke the
22 sentence.
23 5. Any court that has issued a certificate of [relief from disabili-
24 ties] RESTORATION may at any time issue a new certificate to enlarge the
25 relief previously granted, provided, however, that the provisions of
26 subdivisions one through four of this section shall apply to the issu-
27 ance of any such new certificate.
28 6. Any written report submitted to the court pursuant to this section
29 is confidential and may not be made available to any person or public or
30 private agency except where specifically required or permitted by stat-
31 ute or upon specific authorization of the court. However, upon the
32 court's receipt of such report, the court shall provide a copy of such
33 report, or direct that such report be provided to the applicant's attor-
34 ney, or the applicant himself, if he or she has no attorney. In its
35 discretion, the court may except from disclosure a part or parts of the
36 report which are not relevant to the granting of a certificate, or
37 sources of information which have been obtained on a promise of confi-
38 dentiality, or any other portion thereof, disclosure of which would not
39 be in the interest of justice. The action of the court excepting infor-
40 mation from disclosure shall be subject to appellate review. The court,
41 in its discretion, may hold a conference in open court or in chambers to
42 afford an applicant an opportunity to controvert or to comment upon any
43 portions of the report. The court may also conduct a summary hearing at
44 the conference on any matter relevant to the granting of the application
45 and may take testimony under oath.
46 S 4. Section 703 of the correction law, as amended by section 34 of
47 subpart B of part C of chapter 62 of the laws of 2011, is amended to
48 read as follows:
49 S 703. Certificates of [relief from disabilities] RESTORATION issued
50 by the department of corrections and community supervision. 1. The
51 department of corrections and community supervision shall have the power
52 to issue a certificate of [relief from disabilities] RESTORATION to:
53 (a) any eligible offender who has been committed to an institution
54 under the jurisdiction of the state department of corrections and commu-
55 nity supervision. Such certificate may be issued by the department at
56 the time the offender is released from such institution under the
S. 74 5
1 department's supervision or otherwise or at any time thereafter, UPON
2 APPLICATION OF THE OFFENDER;
3 (b) any eligible offender who resides within this state and whose
4 judgment of conviction was rendered by a court in any other jurisdic-
5 tion.
6 2. Where the department has issued a certificate of [relief from disa-
7 bilities] RESTORATION, the department may at any time issue a new
8 certificate enlarging the relief previously granted.
9 3. The department shall not issue [any] A certificate of [relief from
10 disabilities pursuant to subdivisions one or two,] RESTORATION unless
11 the department is satisfied that:
12 (a) The person to whom it is to be granted is an eligible offender, as
13 defined in section seven hundred OF THIS ARTICLE;
14 (b) The relief to be granted by the certificate is consistent with the
15 rehabilitation of the eligible offender; [and]
16 (c) The relief to be granted by the certificate is consistent with the
17 public interest[.]; AND
18 (D) THREE YEARS HAVE ELAPSED SINCE UNREVOKED RELEASE FROM CUSTODY FOR
19 PERSONS WITH MULTIPLE FELONY CONVICTIONS WHERE THE MOST SERIOUS CRIME
20 FOR WHICH THE INDIVIDUAL WAS CONVICTED IS A CLASS C, D OR E FELONY, OR
21 FIVE YEARS HAVE ELAPSED SINCE UNREVOKED RELEASE FROM CUSTODY FOR PERSONS
22 CONVICTED OF A CLASS A OR B FELONY AT ANY TIME.
23 4. Any certificate of relief from disabilities issued by the depart-
24 ment to an eligible offender who at time of the issuance of the certif-
25 icate is under the department's supervision, shall be deemed to be a
26 temporary certificate until such time as the eligible offender is
27 discharged from the department's supervision, and, while temporary, such
28 certificate may be revoked by the department for violation of the condi-
29 tions of community supervision. Revocation shall be upon notice to the
30 releasee, who shall be accorded an opportunity to explain the violation
31 prior to decision thereon. If the certificate is not so revoked, it
32 shall become a permanent certificate upon expiration or termination of
33 the department's jurisdiction over the individual.
34 5. In granting or revoking a certificate of [relief from disabilities]
35 RESTORATION the action of the department shall be deemed a judicial
36 function and shall not be reviewable if done according to law.
37 6. For the purpose of determining whether such certificate shall be
38 issued, the department may conduct an investigation of the applicant.
39 7. Presumption based on federal recommendation. Where a certificate of
40 [relief from disabilities] RESTORATION is sought pursuant to paragraph
41 (b) of subdivision one of this section on a judgment of conviction
42 rendered by a federal district court in this state and the department is
43 in receipt of a written recommendation in favor of the issuance of such
44 certificate from the chief probation officer of the district, the
45 department shall issue the requested certificate, unless it finds that
46 the requirements of paragraphs (a), (b) and (c) of subdivision three of
47 this section have not been satisfied; or that the interests of justice
48 would not be advanced by the issuance of the certificate.
49 S 5. Sections 703-a and 703-b of the correction law are REPEALED.
50 S 6. Section 704 of the correction law, as added by chapter 654 of the
51 laws of 1966, is amended to read as follows:
52 S 704. Effect of revocation; use of revoked certificate. 1. Where a
53 certificate of [relief from disabilities] RESTORATION is deemed to be
54 temporary and such certificate is revoked, disabilities and forfeitures
55 thereby relieved shall be reinstated as of the date upon which the
56 person to whom the certificate was issued receives written notice of
S. 74 6
1 such revocation. Any such person shall upon receipt of such notice
2 surrender the certificate to the issuing court or board.
3 2. A person who knowingly uses or attempts to use, a revoked certif-
4 icate of [relief from disabilities] RESTORATION in order to obtain or to
5 exercise any right or privilege that he would not be entitled to obtain
6 or to exercise without a valid certificate shall be guilty of a misde-
7 meanor.
8 S 7. Section 705 of the correction law, as amended by section 36 of
9 subpart B of part C of chapter 62 of the laws of 2011, is amended to
10 read as follows:
11 S 705. Forms and filing. 1. All applications, certificates and orders
12 of revocation necessary for the purposes of this article shall be upon
13 forms prescribed pursuant to agreement among the state commissioner of
14 corrections and community supervision, the chairman of the state board
15 of parole and the administrator of the state judicial conference. Such
16 forms relating to [certificates of relief from disabilities] CERTIF-
17 ICATES OF RESTORATION shall be distributed by the office of probation
18 and correctional alternatives [and forms relating to certificates of
19 good conduct shall be distributed] AND by the [commissioner of the]
20 department of corrections and community supervision.
21 2. Any court or department issuing or revoking any certificate pursu-
22 ant to this article shall immediately file a copy of the certificate, or
23 of the order of revocation, with the New York state identification and
24 intelligence system.
25 S 8. Paragraph (h) of subdivision 1 of section 130 of the executive
26 law, as amended by section 1 of part LL of chapter 56 of the laws of
27 2010, is amended to read as follows:
28 (h) vagrancy or prostitution, and who has not subsequent to such
29 conviction received an executive pardon therefor or a CERTIFICATE OF
30 RESTORATION, A certificate of relief from disabilities or a certificate
31 of good conduct pursuant to article twenty-three of the correction law
32 to remove the disability under this section because of such conviction.
33 S 9. Subdivision 3 of section 175 of the executive law, as amended by
34 section 2 of part LL of chapter 56 of the laws of 2010, is amended to
35 read as follows:
36 3. Upon a showing by the attorney general in an application for an
37 injunction that any person engaged in solicitation has been convicted in
38 this state or elsewhere of a felony or of a misdemeanor involving the
39 misappropriation, misapplication or misuse of the money or property of
40 another, and who has not, subsequent to such conviction, received execu-
41 tive pardon therefor or a certificate of [relief from disabilities]
42 RESTORATION or a certificate of good conduct pursuant to article twen-
43 ty-three of the correction law, the supreme court, after a hearing, may
44 enjoin such person from engaging in any solicitation.
45 S 10. Clause 1 of paragraph (c) of subdivision 2 of section 435 of the
46 executive law, as amended by chapter 371 of the laws of 1974, is amended
47 to read as follows:
48 (1) a person convicted of a crime who has not received a pardon, [a
49 certificate of] OR A CERTIFICATE OF RESTORATION, good conduct, or [a
50 certificate of] relief from disabilities;
51 S 11. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
52 amended by section 24 of part LL of chapter 56 of the laws of 2010, is
53 amended to read as follows:
54 (c) If a person convicted of a felony or crime deemed hereby to be a
55 felony is subsequently pardoned by the governor of the state where such
56 conviction was had, or by the president of the United States, or shall
S. 74 7
1 receive a CERTIFICATE OF RESTORATION, A certificate of relief from disa-
2 bilities or a certificate of good conduct pursuant to article twenty-
3 three of the correction law for the purpose of removing the disability
4 under this section because of such conviction, the tax commission may,
5 in its discretion, on application of such person and compliance with
6 subdivision two of this section, and on the submission to it of satis-
7 factory evidence of good moral character and suitability, again register
8 such person as a distributor under this article.
9 S 12. Paragraph (a) of subdivision 1 of section 509-c of the vehicle
10 and traffic law, as amended by section 25 of part LL of chapter 56 of
11 the laws of 2010, is amended to read as follows:
12 (a) permanently, if that person has been convicted of or forfeited
13 bond or collateral which forfeiture order has not been vacated or the
14 subject of an order of remission upon a violation of section 130.30,
15 130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
16 offense committed under a former section of the penal law which would
17 constitute a violation of the aforesaid sections of the penal law or any
18 offense committed outside of this state which would constitute a
19 violation of the aforesaid sections of the penal law, provided, however,
20 the provisions of this paragraph shall not apply to convictions, suspen-
21 sions or revocations or forfeitures of bonds for collateral upon any of
22 the charges listed in this paragraph for violations which occurred prior
23 to September first, nineteen hundred seventy-four committed by a person
24 employed as a bus driver on September first, nineteen hundred seventy-
25 four. However, such disqualification may be waived provided that five
26 years have expired since the applicant was discharged or released from a
27 sentence of imprisonment imposed pursuant to conviction of an offense
28 that requires disqualification under this paragraph and that the appli-
29 cant shall have been granted a CERTIFICATE OF RESTORATION, A certificate
30 of relief from disabilities or a certificate of good conduct pursuant to
31 article twenty-three of the correction law.
32 S 13. Subparagraph (i) of paragraph (a) of subdivision 1 of section
33 509-cc of the vehicle and traffic law, as amended by section 27 of part
34 LL of chapter 56 of the laws of 2010, is amended to read as follows:
35 (i) has been convicted of or forfeited bond or collateral which
36 forfeiture order has not been vacated or the subject of an order of
37 remission upon a violation committed prior to September fifteenth, nine-
38 teen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50,
39 130.60, or 130.65 of the penal law, or an offense committed under a
40 former section of the penal law which would constitute a violation of
41 the aforesaid sections of the penal law or any offense committed outside
42 of this state which would constitute a violation of the aforesaid
43 sections of the penal law, provided, however, the provisions of this
44 subparagraph shall not apply to convictions, suspensions or revocations
45 or forfeitures of bonds for collateral upon any of the charges listed in
46 this subparagraph for violations which occurred prior to September
47 first, nineteen hundred seventy-four committed by a person employed as a
48 bus driver on September first, nineteen hundred seventy-four. However,
49 such disqualification may be waived provided that five years have
50 expired since the applicant was discharged or released from a sentence
51 of imprisonment imposed pursuant to conviction of an offense that
52 requires disqualification under this paragraph and that the applicant
53 shall have been granted a CERTIFICATE OF RESTORATION, A certificate of
54 relief from disabilities or a certificate of good conduct pursuant to
55 article twenty-three of the correction law. When the certificate is
56 issued by a court for a conviction which occurred in this state, it
S. 74 8
1 shall only be issued by the court having jurisdiction over such
2 conviction. Such certificate shall specifically indicate that the
3 authority granting such certificate has considered the bearing, if any,
4 the criminal offense or offenses for which the person was convicted will
5 have on the applicant's fitness or ability to operate a bus transporting
6 school children to the applicant's prospective employment, prior to
7 granting such a certificate; or
8 S 14. Subparagraph (iii) of paragraph d of subdivision 6 of section
9 510 of the vehicle and traffic law, as amended by section 29 of part LL
10 of chapter 56 of the laws of 2010, is amended to read as follows:
11 (iii) after such documentation, if required, is accepted, that such
12 person is granted a CERTIFICATE OF RESTORATION, A certificate of relief
13 from disabilities or a certificate of good conduct pursuant to article
14 twenty-three of the correction law by the court in which such person was
15 last penalized.
16 S 15. Subparagraph (iii) of paragraph c of subdivision 2 of section
17 510-a of the vehicle and traffic law, as amended by section 30 of part
18 LL of chapter 56 of the laws of 2010, is amended to read as follows:
19 (iii) after such documentation, if required, is accepted, that such
20 person is granted a CERTIFICATE OF RESTORATION, A certificate of relief
21 from disabilities or a certificate of good conduct pursuant to article
22 twenty-three of the correction law by the court in which such person was
23 last penalized.
24 S 16. Subdivision 2 of section 102 of the alcoholic beverage control
25 law, as amended by section 1 of part OO of chapter 56 of the laws of
26 2010, the opening paragraph as separately amended by section 3 of part
27 LL of chapter 56 of the laws of 2010 and paragraph (g) as separately
28 amended by chapter 232 of the laws of 2010, is amended to read as
29 follows:
30 2. No person holding any license hereunder, other than a license to
31 sell an alcoholic beverage at retail for off-premises consumption or a
32 license or special license to sell an alcoholic beverage at retail for
33 consumption on the premises where such license authorizes the sale of
34 liquor, beer and/or wine on the premises of a catering establishment,
35 hotel, restaurant, club, or recreational facility, shall knowingly
36 employ in connection with his OR HER business in any capacity whatsoev-
37 er, any person, who has been convicted of a felony, or any of the
38 following offenses, who has not subsequent to such conviction received
39 an executive pardon therefor removing any civil disabilities incurred
40 thereby, a CERTIFICATE OF RESTORATION, A certificate of relief from
41 disabilities or a certificate of good conduct pursuant to article twen-
42 ty-three of the correction law, or other relief from disabilities
43 provided by law, or the written approval of the state liquor authority
44 permitting such employment, to wit:
45 (a) Illegally using, carrying or possessing a pistol or other danger-
46 ous weapon;
47 (b) Making or possessing burglar's instruments;
48 (c) Buying or receiving or criminally possessing stolen property;
49 (d) Unlawful entry of a building;
50 (e) Aiding escape from prison;
51 (f) Unlawfully possessing or distributing habit forming narcotic
52 drugs;
53 (g) Violating subdivisions six, ten or eleven of section seven hundred
54 twenty-two of the former penal law as in force and effect immediately
55 prior to September first, nineteen hundred sixty-seven, or violating
56 [sections] SECTION 165.25 or 165.30 of the penal law;
S. 74 9
1 (h) Vagrancy or prostitution; or
2 (i) Ownership, operation, possession, custody or control of a still
3 subsequent to July first, nineteen hundred fifty-four.
4 If, as hereinabove provided, the state liquor authority issues its
5 written approval for the employment by a licensee, in a specified capac-
6 ity, of a person previously convicted of a felony or any of the offenses
7 above enumerated, such person, may, unless he OR SHE is subsequently
8 convicted of a felony or any of such offenses, thereafter be employed in
9 the same capacity by any other licensee without the further written
10 approval of the authority unless the prior approval given by the author-
11 ity is terminated.
12 The liquor authority may make such rules as it deems necessary to
13 carry out the purpose and intent of this subdivision.
14 As used in this subdivision, "recreational facility" shall mean: (i)
15 premises that are part of a facility the principal business of which
16 shall be the providing of recreation in the form of golf, tennis, swim-
17 ming, skiing or boating; and (ii) premises in which the principal busi-
18 ness shall be the operation of a theatre, concert hall, opera house,
19 bowling establishment, excursion and sightseeing vessel, or accommo-
20 dation of athletic events, sporting events, expositions and other simi-
21 lar events or occasions requiring the accommodation of large gatherings
22 of persons.
23 S 17. Paragraph (d) of subdivision 1 of section 110 of the alcoholic
24 beverage control law, as amended by chapter 114 of the laws of 2000, is
25 amended to read as follows:
26 (d) A statement that such applicant or the applicant's spouse has not
27 been convicted of a crime addressed by the provisions of section one
28 hundred twenty-six of this article which would forbid the applicant
29 (including any officers, directors, shareholders or partners listed in
30 the statement of identity under paragraph (a) of this subdivision or the
31 spouse of such person) or the applicant's spouse to traffic in alcoholic
32 beverages, a statement whether or not the applicant (including any offi-
33 cers, directors, shareholders or partners listed in the statement of
34 identity under paragraph (a) of this subdivision or the spouse of any
35 such person) or the applicant's spouse is an official described in
36 section one hundred twenty-eight of this article, and a description of
37 any crime that the applicant (including any officers, directors, share-
38 holders or partners listed under paragraph (a) of this subdivision or
39 the spouse of any such person) or the applicant's spouse has been
40 convicted of and whether such person has received a pardon, CERTIFICATE
41 OF RESTORATION, certificate of good conduct or certificate of relief
42 from disabilities; provided, however, that no person shall be denied any
43 license solely on the grounds that such person is the spouse of a person
44 otherwise disqualified from holding a license under this chapter.
45 S 18. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
46 age control law, as amended by section 50 of subpart B of part C of
47 chapter 62 of the laws of 2011, are amended to read as follows:
48 1. Except as provided in subdivision one-a of this section, a person
49 who has been convicted of a felony or any of the misdemeanors mentioned
50 in section eleven hundred forty-six of the former penal law as in force
51 and effect immediately prior to September first, nineteen hundred
52 sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
53 penal law, unless subsequent to such conviction such person shall have
54 received an executive pardon therefor removing this disability, a
55 certificate of RESTORATION OR good conduct granted by the department of
56 corrections and community supervision, or a certificate of relief from
S. 74 10
1 disabilities granted by the department of corrections and community
2 supervision or a court of this state pursuant to the provisions of arti-
3 cle twenty-three of the correction law to remove the disability under
4 this section because of such conviction.
5 1-a. Notwithstanding the provision of subdivision one of this section,
6 a corporation holding a license to traffic in alcoholic beverages shall
7 not, upon conviction of a felony or any of the misdemeanors or offenses
8 described in subdivision one of this section, be automatically forbidden
9 to traffic in alcoholic beverages, but the application for a license by
10 such a corporation shall be subject to denial, and the license of such a
11 corporation shall be subject to revocation or suspension by the authori-
12 ty pursuant to section one hundred eighteen of this [chapter] ARTICLE,
13 consistent with the provisions of article twenty-three-A of the
14 correction law. For any felony conviction by a court other than a court
15 of this state, the authority may request the department of corrections
16 and community supervision to investigate and review the facts and
17 circumstances concerning such a conviction, and such department shall,
18 if so requested, submit its findings to the authority as to whether the
19 corporation has conducted itself in a manner such that discretionary
20 review by the authority would not be inconsistent with the public inter-
21 est. The department of corrections and community supervision may charge
22 the licensee or applicant a fee equivalent to the expenses of an appro-
23 priate investigation under this subdivision. For any conviction rendered
24 by a court of this state, the authority may request the corporation, if
25 the corporation is eligible for a certificate of RESTORATION, A CERTIF-
26 ICATE OF relief from disabilities, to seek such a certificate from the
27 court which rendered the conviction IN ACCORDANCE WITH ARTICLE
28 TWENTY-THREE OF THE CORRECTION LAW and to submit such a certificate as
29 part of the authority's discretionary review process.
30 4. A copartnership or a corporation, unless each member of the part-
31 nership, or each of the principal officers and directors of the corpo-
32 ration, is a citizen of the United States or an alien lawfully admitted
33 for permanent residence in the United States, not less than twenty-one
34 years of age, and has not been convicted of any felony or any of the
35 misdemeanors, specified in section eleven hundred forty-six of the
36 former penal law as in force and effect immediately prior to September
37 first, nineteen hundred sixty-seven, or of an offense defined in section
38 230.20 or 230.40 of the penal law, or if so convicted has received,
39 subsequent to such conviction, an executive pardon therefor removing
40 this disability, a certificate of RESTORATION OR good conduct granted by
41 the department of corrections and community supervision, or a certif-
42 icate of relief from disabilities granted by the department of
43 corrections and community supervision or a court of this state pursuant
44 to the provisions of article twenty-three of the correction law to
45 remove the disability under this section because of such conviction;
46 provided however that a corporation which otherwise conforms to the
47 requirements of this section and chapter may be licensed if each of its
48 principal officers and more than one-half of its directors are citizens
49 of the United States or aliens lawfully admitted for permanent residence
50 in the United States; and provided further that a corporation organized
51 under the not-for-profit corporation law or the education law which
52 otherwise conforms to the requirements of this section and chapter may
53 be licensed if each of its principal officers and more than one-half of
54 its directors are not less than twenty-one years of age and none of its
55 directors are less than eighteen years of age; and provided further that
56 a corporation organized under the not-for-profit corporation law or the
S. 74 11
1 education law and located on the premises of a college as defined by
2 section two of the education law which otherwise conforms to the
3 requirements of this section and chapter may be licensed if each of its
4 principal officers and each of its directors are not less than eighteen
5 years of age.
6 S 19. Subdivision 4 of section 96-z-3 of the agriculture and markets
7 law, as amended by section 4 of part LL of chapter 56 of the laws of
8 2010, is amended to read as follows:
9 (4) applicant, an officer, director, partner, or holder of ten per
10 centum or more of the voting stock of an applicant has been convicted of
11 a felony by a court of the United States or any state or territory ther-
12 eof, without subsequent pardon by the governor or other appropriate
13 authority of the state or jurisdiction in which such conviction
14 occurred, or the receipt of a certificate of RESTORATION, A CERTIFICATE
15 OF relief from disabilities or a certificate of good conduct pursuant to
16 article twenty-three of the correction law,
17 S 20. Paragraph (d) of subdivision 4 of section 129 of the agriculture
18 and markets law, as amended by section 5 of part LL of chapter 56 of the
19 laws of 2010, is amended to read as follows:
20 (d) The applicant or registrant, or an officer, director, partner or
21 holder of ten per centum or more of the voting stock of the applicant or
22 registrant, has been convicted of a felony by a court of the United
23 States or any state or territory thereof, without subsequent pardon by
24 the governor or other appropriate authority of the state or jurisdiction
25 in which such conviction occurred, or receipt of a certificate of RESTO-
26 RATION, A CERTIFICATE OF relief from disabilities or a certificate of
27 good conduct pursuant to article twenty-three of the correction law;
28 S 21. Paragraph (c) of subdivision 2 of section 2897 of the public
29 health law, as amended by section 21 of part LL of chapter 56 of the
30 laws of 2010, is amended to read as follows:
31 (c) If a person convicted of a felony or crime deemed hereby to be a
32 felony is subsequently pardoned by the governor of the state where such
33 conviction was had, or by the president of the United States, or shall
34 receive a certificate of RESTORATION, A CERTIFICATE OF relief from disa-
35 bilities or a certificate of good conduct pursuant to article twenty-
36 three of the correction law for the purpose of removing the disability
37 under this section because of such conviction, the board may, in its
38 discretion, on application of such person, and on the submission to it
39 of satisfactory evidence, restore to such person the right to practice
40 nursing home administration in this state.
41 S 22. Section 3454 of the public health law, as amended by section 22
42 of part LL of chapter 56 of the laws of 2010, is amended to read as
43 follows:
44 S 3454. Restoration of licenses after conviction of a felony. If a
45 person convicted of a felony or crime deemed to be a felony is subse-
46 quently pardoned by the governor of the state where such conviction was
47 had or by the president of the United States, or shall receive a certif-
48 icate of RESTORATION, A CERTIFICATE OF relief from disabilities or a
49 certificate of good conduct pursuant to article twenty-three of the
50 correction law to remove the disability under this section because of
51 such conviction, the commissioner may, in his OR HER discretion, on
52 application of such person, and on the submission to him OR HER of
53 satisfactory evidence, restore to such person the right to practice in
54 this state.
S. 74 12
1 S 23. Paragraph (a) of subdivision 2 of section 3510 of the public
2 health law, as added by chapter 175 of the laws of 2006, is amended to
3 read as follows:
4 (a) No person convicted of a felony shall continue to hold a license
5 to practice radiologic technology, unless he or she has been granted an
6 executive pardon, a certificate of RESTORATION, A CERTIFICATE OF relief
7 from disabilities or a certificate of good conduct for such felony and,
8 the commissioner, in his or her discretion, restores the license after
9 determining that the individual does not pose a threat to patient health
10 and safety.
11 S 24. Paragraph 1 of subdivision (a) of section 189-a of the general
12 municipal law, as added by chapter 574 of the laws of 1978, is amended
13 to read as follows:
14 (1) a person convicted of a crime who has not received a pardon, a
15 certificate of RESTORATION, A CERTIFICATE OF good conduct or a certif-
16 icate of relief from disabilities;
17 S 25. Paragraph (a) of subdivision 1 of section 191 of the general
18 municipal law, as amended by section 15 of part LL of chapter 56 of the
19 laws of 2010, is amended to read as follows:
20 (a) Issuance of licenses to conduct games of chance. If such clerk or
21 department shall determine that the applicant is duly qualified to be
22 licensed to conduct games of chance under this article; that the member
23 or members of the applicant designated in the application to manage
24 games of chance are bona fide active members of the applicant and are
25 persons of good moral character and have never been convicted of a
26 crime, or, if convicted, have received a pardon, a certificate of RESTO-
27 RATION, A CERTIFICATE OF good conduct or a certificate of relief from
28 disabilities pursuant to article twenty-three of the correction law;
29 that such games are to be conducted in accordance with the provisions of
30 this article and in accordance with the rules and regulations of the
31 board and applicable local laws or ordinances and that the proceeds
32 thereof are to be disposed of as provided by this article, and if such
33 clerk or department is satisfied that no commission, salary, compen-
34 sation, reward or recompense whatever will be paid or given to any
35 person managing, operating or assisting therein except as in this arti-
36 cle otherwise provided; it shall issue a license to the applicant for
37 the conduct of games of chance upon payment of a license fee of twenty-
38 five dollars for each license period.
39 S 26. Paragraph (a) of subdivision 1 of section 481 of the general
40 municipal law, as amended by section 17 of part LL of chapter 56 of the
41 laws of 2010, is amended to read as follows:
42 (a) Issuance of licenses to conduct bingo. If the governing body of
43 the municipality shall determine that the applicant is duly qualified to
44 be licensed to conduct bingo under this article; that the member or
45 members of the applicant designated in the application to conduct bingo
46 are bona fide active members of the applicant and are persons of good
47 moral character and have never been convicted of a crime or, if
48 convicted, have received a pardon [or], A CERTIFICATE OF RESTORATION, a
49 certificate of good conduct or a certificate of relief from disabilities
50 pursuant to article twenty-three of the correction law; that such games
51 are to be conducted in accordance with the provisions of this article
52 and in accordance with the rules and regulations of the commission, and
53 that the proceeds thereof are to be disposed of as provided by this
54 article, and if the governing body is satisfied that no commission,
55 salary, compensation, reward or recompense whatever will be paid or
56 given to any person holding, operating or conducting or assisting in the
S. 74 13
1 holding, operation and conduct of any such games except as in this arti-
2 cle otherwise provided; and that no prize will be offered and given in
3 excess of the sum or value of one thousand dollars in any single game
4 and that the aggregate of all prizes offered and given in all of such
5 games conducted on a single occasion, under said license shall not
6 exceed the sum or value of three thousand dollars, it shall issue a
7 license to the applicant for the conduct of bingo upon payment of a
8 license fee of eighteen dollars and seventy-five cents for each bingo
9 occasion; provided, however, that the governing body shall refuse to
10 issue a license to an applicant seeking to conduct bingo in premises of
11 a licensed commercial lessor where it determines that the premises pres-
12 ently owned or occupied by said applicant are in every respect adequate
13 and suitable for conducting bingo games.
14 S 27. Paragraph (a) of subdivision 9 of section 476 of the general
15 municipal law, as amended by section 16 of part LL of chapter 56 of the
16 laws of 2010, is amended to read as follows:
17 (a) a person convicted of a crime who has not received a pardon or a
18 certificate of RESTORATION, good conduct or a certificate of relief from
19 disabilities pursuant to article twenty-three of the correction law;
20 S 28. Paragraph b of subdivision 5 of section 84-a of the town law, as
21 amended by section 10 of part LL of chapter 56 of the laws of 2010, is
22 amended to read as follows:
23 b. On the reverse side of such envelope shall be printed the following
24 statement:
25 STATEMENT OF ABSENTEE VOTER
26 I do declare that I will have been a citizen of the United States for
27 thirty days, and will be at least eighteen years of age, on the date of
28 the special town election; that I will have been a resident of this
29 state and of the town shown on the reverse side of this envelope for
30 thirty days next preceding the said election; that I am or on such date
31 will be, a registered voter of said town; that I will be unable to
32 appear personally on the day of said special town election at the poll-
33 ing place of the election district in which I am or will be a qualified
34 voter because of the reason stated on my application heretofore submit-
35 ted; that I have not qualified, or do I intend to vote, elsewhere than
36 as set forth on the reverse side of this envelope; that I have not
37 received or offered, do not expect to receive, have not paid, offered or
38 promised to pay, contributed, offered or promised to contribute to
39 another to be paid or used, any money or other valuable thing, as a
40 compensation or reward for the giving or withholding of a vote at this
41 special town election, and have not made any promise to influence the
42 giving or withholding of any such votes; that I have not made or become
43 directly or indirectly interested in any bet or wager depending upon the
44 result of this special town election; and that I have not been convicted
45 of bribery or any infamous crime, or, if so convicted, that I have been
46 pardoned or restored to all the rights of a citizen, without restriction
47 as to the right of suffrage, or received a certificate of RESTORATION, A
48 CERTIFICATE OF relief from disabilities or a certificate of good conduct
49 pursuant to article twenty-three of the correction law removing my disa-
50 bility to register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS
51 EXPIRED.
52 I hereby declare that the foregoing is a true statement to the best of
53 my knowledge and belief, and I understand that if I make any material
54 false statement in the foregoing statement of absentee voter, I shall be
55 guilty of a misdemeanor.
56 Date.............. Signature of Voter..................
S. 74 14
1 S 29. Paragraph b of subdivision 5 of section 175-b of the town law,
2 as amended by section 11 of part LL of chapter 56 of the laws of 2010,
3 is amended to read as follows:
4 b. On the reverse side of such envelope shall be printed the follow-
5 ing statement:
6 STATEMENT OF ABSENTEE VOTER
7 I do declare that I will have been a citizen of the United States for
8 thirty days, and will be at least eighteen years of age, on the date of
9 the district election; that I will have been a resident of this state
10 and of the district if any, shown on the reverse side of this envelope
11 for thirty days next preceding the said election and that I am or on
12 such date will be, a registered voter of said district; that I will be
13 unable to appear personally on the day of said district election at the
14 polling place of the said district in which I am or will be a qualified
15 voter because of the reason stated on my application heretofore submit-
16 ted; that I have not qualified, or do I intend to vote, elsewhere than
17 as set forth on the reverse side of this envelope; that I have not
18 received or offered, do not expect to receive, have not paid, offered or
19 promised to pay, contributed, offered or promised to contribute to
20 another to be paid or used, any money or other valuable thing, as a
21 compensation or reward for the giving or withholding of a vote at this
22 district election, and have not made any promise to influence the giving
23 or withholding of any such votes; that I have not made or become direct-
24 ly or indirectly interested in any bet or wager depending upon the
25 result of this district election; and that I have not been convicted of
26 bribery or any infamous crime, or, if so convicted, that I have been
27 pardoned or restored to all the rights of a citizen, without restriction
28 as to the right of suffrage, or received a certificate of RESTORATION, A
29 CERTIFICATE OF relief from disabilities or a certificate of good conduct
30 pursuant to article twenty-three of the correction law removing my disa-
31 bility to register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS
32 EXPIRED.
33 I hereby declare that the foregoing is a true statement to the best of
34 my knowledge and belief, and I understand that if I make any material
35 false statement in the foregoing statement of absentee voter, I shall be
36 guilty of a misdemeanor.
37 Date..............Signature of Voter..................
38 S 30. Paragraph b of subdivision 5 of section 213-b of the town law,
39 as amended by section 12 of part LL of chapter 56 of the laws of 2010,
40 is amended to read as follows:
41 b. On the reverse side of such envelope shall be printed the follow-
42 ing statement:
43 STATEMENT OF ABSENTEE VOTER
44 I do declare that I will have been a citizen of the United States for
45 thirty days, and will be at least eighteen years of age, on the date of
46 the district election; that I will have been a resident of this state
47 and of the district if any, shown on the reverse side of this envelope
48 for thirty days next preceding the said election and that I am or on
49 such date will be, a registered voter of said district; that I will be
50 unable to appear personally on the day of said district election at the
51 polling place of the said district in which I am or will be a qualified
52 voter because of the reason stated on my application heretofore submit-
53 ted; that I have not qualified, or do I intend to vote, elsewhere than
54 as set forth on the reverse side of this envelope; that I have not
55 received or offered, do not expect to receive, have not paid, offered or
S. 74 15
1 promised to pay, contributed, offered or promised to contribute to
2 another to be paid or used, any money or other valuable thing, as a
3 compensation or reward for the giving or withholding of a vote at this
4 district election, and have not made any promise to influence the giving
5 or withholding of any such votes; that I have not made or become direct-
6 ly or indirectly interested in any bet or wager depending upon the
7 result of this district election; and that I have not been convicted of
8 bribery or any infamous crime, or, if so convicted, that I have been
9 pardoned or restored to all the rights of a citizen, without restriction
10 as to the right of suffrage, or received a certificate of RESTORATION, A
11 CERTIFICATE OF relief from disabilities or a certificate of good conduct
12 pursuant to article twenty-three of the correction law removing my disa-
13 bility to register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS
14 EXPIRED.
15 I hereby declare that the foregoing is a true statement to the best of
16 my knowledge and belief, and I understand that if I make any material
17 false statement in the foregoing statement of absentee voter, I shall be
18 guilty of a misdemeanor.
19 Date............. Signature of Voter ..............................
20 S 31. Paragraph b of subdivision 5 of section 2018-a of the education
21 law, as amended by section 8 of part LL of chapter 56 of the laws of
22 2010, is amended to read as follows:
23 b. On the reverse side of such envelope shall be printed the following
24 statement:
25 STATEMENT OF ABSENTEE VOTER
26 I do declare that I am a citizen of the United States, and will be at
27 least eighteen years of age, on the date of the school district
28 election; that I will have been a resident of this state and of the
29 school district and school election district, if any, shown on the
30 reverse side of this envelope for thirty days next preceding the said
31 election and duly registered in the school district and school election
32 district, if any, shown on the reverse side of this envelope and that I
33 am or on such date will be, a qualified voter of said school district;
34 that I will be unable to appear personally on the day of said school
35 district election at the polling place of the said district in which I
36 am or will be a qualified voter because of the reason stated on my
37 application heretofore submitted; that I have not qualified, or do I
38 intend to vote, elsewhere than as set forth on the reverse side of this
39 envelope; that I have not received or offered, do not expect to receive,
40 have not paid, offered or promised to pay, contributed, offered or prom-
41 ised to contribute to another to be paid or used, any money or other
42 valuable thing, as a compensation or reward for the giving or withhold-
43 ing of a vote at this school district election, and have not made any
44 promise to influence the giving or withholding of any such votes; that I
45 have not made or become directly or indirectly interested in any bet or
46 wager depending upon the result of this school district election; and
47 that I have not been convicted of bribery or any infamous crime, or, if
48 so convicted, that I have been pardoned or restored to all the rights of
49 a citizen, without restriction as to the right of suffrage, or received
50 a certificate of RESTORATION, A CERTIFICATE OF relief from disabilities
51 or a certificate of good conduct pursuant to article twenty-three of the
52 correction law removing my disability to register and vote OR MY MAXIMUM
53 SENTENCE OF IMPRISONMENT HAS EXPIRED.
S. 74 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 S 32. Paragraph b of subdivision 6 of section 2018-b of the education
7 law, as amended by section 9 of part LL of chapter 56 of the laws of
8 2010, is amended to read as follows:
9 b. On the reverse side of such envelope shall be printed the following
10 statement:
11 STATEMENT OF ABSENTEE VOTER
12 I do declare that I am a citizen of the United States, and will be at
13 least eighteen years of age on the date of the school district election;
14 that I will have been a resident of this state and of the school
15 district and school election district, if any, shown on the reverse side
16 of this envelope for thirty days next preceding the said election and
17 that I am or on such date will be, a qualified voter of said school
18 district; that I will be unable to appear personally on the day of said
19 school district election at the polling place of the said district in
20 which I am or will be a qualified voter because of the reason stated on
21 my application heretofore submitted; that I have not qualified, or do I
22 intend to vote, elsewhere than as set forth on the reverse side of this
23 envelope; that I have not received or offered, do not expect to receive,
24 have not paid, offered or promised to pay, contributed, offered or prom-
25 ised to contribute to another to be paid or used, any money or other
26 valuable thing, as a compensation or reward for the giving or withhold-
27 ing of a vote at this school district election, and have not made any
28 promise to influence the giving or withholding of any such votes; that I
29 have not made or become directly or indirectly interested in any bet or
30 wager depending upon the result of this school district election; and
31 that I have not been convicted of bribery or any infamous crime, or, if
32 so convicted, that I have been pardoned or restored to all the rights of
33 a citizen, without restriction as to the right of suffrage, or have
34 received a certificate of RESTORATION, A CERTIFICATE OF relief from
35 disabilities or a certificate of good conduct pursuant to article twen-
36 ty-three of the correction law removing my disability to vote OR MY
37 MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
38 I hereby declare that the foregoing is a true statement to the best of
39 my knowledge and belief, and I understand that if I make any material
40 false statement in the foregoing statement of absentee voter, I shall be
41 guilty of a misdemeanor.
42 Date....................Signature of Voter ...........................
43 S 33. Subdivision 2 of section 69-o of the general business law, as
44 amended by chapter 575 of the laws of 1993, is amended to read as
45 follows:
46 2. (A) After the filing of an applicant's fingerprint cards, the
47 secretary of state shall forward such fingerprints to the division of
48 criminal justice services to be compared with the fingerprints on file
49 with the division of criminal justice services in order to ascertain
S. 74 17
1 whether the applicant has been convicted of a felony involving fraud,
2 bribery, perjury or theft pursuant to article one hundred forty, one
3 hundred fifty-five, one hundred sixty, one hundred sixty-five, one
4 hundred seventy, one hundred seventy-five, one hundred seventy-six, one
5 hundred eighty, one hundred eighty-five, one hundred ninety, one hundred
6 ninety-five, two hundred or two hundred ten of the penal law; or has a
7 criminal action which has been pending for such a felony for under one
8 year without a final disposition unless adjourned in contemplation of
9 dismissal; provided, however, that for the purposes of this article,
10 none of the following shall be considered criminal convictions or
11 reported as such:
12 [(a)] (I) A conviction which has been vacated and replaced by a youth-
13 ful offender finding pursuant to article seven hundred twenty of the
14 criminal procedure law, or the applicable provisions of law of any other
15 jurisdiction; or
16 [(b)] (II) A conviction the records of which have been expunged or
17 sealed pursuant to the applicable provisions of the laws of this state
18 or of any other jurisdiction; or
19 [(c)] (III) A conviction for which a certificate of RESTORATION, A
20 CERTIFICATE OF relief from disabilities or a certificate of good conduct
21 has been issued pursuant to ARTICLE TWENTY-THREE OF the correction law.
22 (B) The division of criminal justice services shall retain the finger-
23 print cards and return the report of such convictions or pending cases,
24 if any, to the secretary of state who shall retain them in a confiden-
25 tial file for no more than one year, after which time such report shall
26 be destroyed.
27 (C) The secretary of state shall deny the application of any individ-
28 ual convicted of a felony involving fraud, bribery, perjury or theft
29 pursuant to article one hundred forty, one hundred fifty-five, one
30 hundred sixty, one hundred sixty-five, one hundred seventy, one hundred
31 seventy-five, one hundred seventy-six, one hundred eighty, one hundred
32 eighty-five, one hundred ninety, one hundred ninety-five, two hundred or
33 two hundred ten of the penal law; or has a criminal action which has
34 been pending for such a felony for under one year without a final dispo-
35 sition unless adjourned in contemplation of dismissal; provided, howev-
36 er, that for the purposes of this article, none of the following shall
37 be considered criminal convictions or reported as such:
38 (i) A conviction which has been vacated and replaced by a youthful
39 offender finding pursuant to article seven hundred twenty of the crimi-
40 nal procedure law, or the applicable provisions of law of any other
41 jurisdiction; or
42 (ii) A conviction the records of which have been expunged or sealed
43 pursuant to the applicable provisions of the laws of this state or of
44 any other jurisdiction; or
45 (iii) A conviction for which a certificate of RESTORATION, relief from
46 disabilities or a certificate of good conduct has been issued pursuant
47 to ARTICLE TWENTY-THREE OF the correction law.
48 S 34. Subdivision 2 of section 74 of the general business law, as
49 amended by chapter 680 of the laws of 1967, paragraph (g) as amended by
50 chapter 232 of the laws of 2010 and paragraph (h) as amended by section
51 13 of part LL of chapter 56 of the laws of 2010, is amended to read as
52 follows:
53 2. Except as hereinafter in this subdivision provided, no such license
54 shall be issued to any person who has been convicted in this state or
55 any other state or territory of a felony, or any of the following
56 offenses, to wit: (a) illegally using, carrying or possessing a pistol
S. 74 18
1 or other dangerous weapon; (b) making or possessing burglar's instru-
2 ments; (c) buying or receiving or criminally possessing stolen property;
3 (d) unlawful entry of a building; (e) aiding escape from prison; (f)
4 unlawfully possessing or distributing habit forming narcotic drugs; (g)
5 violating subdivision six of section seven hundred twenty-two of the
6 former penal law as in force and effect immediately prior to September
7 first, nineteen hundred sixty-seven, or violating section 165.25 or
8 165.30 of the penal law; (h) violating section seven hundred forty-two,
9 section seven hundred forty-three, or section seven hundred forty-five
10 of the said former penal law, or violating any section contained in
11 article two hundred fifty of the penal law. Except as hereinafter in
12 this subdivision provided, no license shall be issued to any person
13 whose license has been previously revoked by the department of state or
14 the authorities of any other state or territory because of conviction of
15 any of the offenses specified in this section. The provisions of this
16 subdivision shall not prevent the issuance of a license to any person
17 who, subsequent to his conviction, shall have received executive pardon
18 therefor removing this disability, or who has received a CERTIFICATE OF
19 RESTORATION, A certificate of relief from disabilities or a certificate
20 of good conduct pursuant to article twenty-three of the correction law
21 to remove the disability under this section because of such conviction
22 or previous license revocation occasioned thereby.
23 S 35. Subdivision 1 of section 81 of the general business law, as
24 amended by section 14 of part LL of chapter 56 of the laws of 2010, is
25 amended to read as follows:
26 1. The holder of any license certificate issued pursuant to this arti-
27 cle may employ to assist him in his work of private detective or inves-
28 tigator or bail enforcement agent as described in section seventy-one of
29 this article and in the conduct of such business as many persons as he
30 may deem necessary, and shall at all times during such employment be
31 legally responsible for the good conduct in the business of each and
32 every person so employed.
33 No holder of any unexpired license certificate issued pursuant to this
34 article shall knowingly employ in connection with his or its business in
35 any capacity whatsoever, any person who has been convicted of a felony
36 or any of the offenses specified in subdivision two of section seventy-
37 four of this article, and who has not subsequent to such conviction
38 received executive pardon therefor removing this disability, or received
39 a certificate of RESTORATION, relief from disabilities or a certificate
40 of good conduct pursuant to article twenty-three of the correction law
41 to remove the disability under this section because of such a
42 conviction, or any person whose private detective or investigator's
43 license or bail enforcement agent's license was revoked or application
44 for such license was denied by the department of state or by the author-
45 ities of any other state or territory because of conviction of any of
46 such offenses. Should the holder of an unexpired license certificate
47 falsely state or represent that a person is or has been in his employ,
48 such false statement or misrepresentation shall be sufficient cause for
49 the revocation of such license. Any person falsely stating or represent-
50 ing that he is or has been a detective or employed by a detective agency
51 or that he is or has been a bail enforcement agent or employed by a bail
52 enforcement agency shall be guilty of a misdemeanor.
53 S 36. Paragraph 4 of subsection (d) of section 2108 of the insurance
54 law, as amended by section 18 of part LL of chapter 56 of the laws of
55 2010, is amended to read as follows:
S. 74 19
1 (4) This subsection shall not prevent the employment of or the issu-
2 ance of a license to any person who, subsequent to his conviction, shall
3 have received executive pardon therefor removing this disability, or who
4 has received a certificate of RESTORATION, relief from disabilities or a
5 certificate of good conduct pursuant to article twenty-three of the
6 correction law to remove the disability under this section because of
7 such conviction or previous license revocation occasioned thereby.
8 S 37. Subdivision 6 of section 369 of the banking law, as amended by
9 chapter 164 of the laws of 2003 and paragraph (b) as amended by section
10 6 of part LL of chapter 56 of the laws of 2010, is amended to read as
11 follows:
12 6. The superintendent may refuse to issue a license pursuant to this
13 article if he shall find that the applicant, or any person who is a
14 director, officer, partner, agent, employee or substantial stockholder
15 of the applicant, (a) has been convicted of a crime in any jurisdiction
16 or (b) is associating or consorting with any person who has, or persons
17 who have, been convicted of a crime or crimes in any jurisdiction or
18 jurisdictions; provided, however, that the superintendent shall not
19 issue such a license if he shall find that the applicant, or any person
20 who is a director, officer, partner, agent, employee or substantial
21 stockholder of the applicant, has been convicted of a felony in any
22 jurisdiction or of a crime which, if committed within this state, would
23 constitute a felony under the laws thereof. For the purposes of this
24 article, a person shall be deemed to have been convicted of a crime if
25 such person shall have pleaded guilty to a charge thereof before a court
26 or magistrate, or shall have been found guilty thereof by the decision
27 or judgment of a court or magistrate or by the verdict of a jury, irre-
28 spective of the pronouncement of sentence or the suspension thereof,
29 unless such plea of guilty, or such decision, judgment or verdict, shall
30 have been set aside, reversed or otherwise abrogated by lawful judicial
31 process or unless the person convicted of the crime shall have received
32 a pardon therefor from the president of the United States or the gover-
33 nor or other pardoning authority in the jurisdiction where the
34 conviction was had, or shall have received a certificate of RESTORATION,
35 relief from disabilities or a certificate of good conduct pursuant to
36 article twenty-three of the correction law to remove the disability
37 under this article because of such conviction. The term "substantial
38 stockholder," as used in this subdivision, shall be deemed to refer to a
39 person owning or controlling ten per centum or more of the total
40 outstanding stock of the corporation in which such person is a stock-
41 holder. In making a determination pursuant to this subdivision, the
42 superintendent shall require fingerprinting of the applicant. Such fing-
43 erprints shall be submitted to the division of criminal justice services
44 for a state criminal history record check, as defined in subdivision one
45 of section three thousand thirty-five of the education law, and may be
46 submitted to the federal bureau of investigation for a national criminal
47 history record check.
48 S 38. Paragraph 5 of subdivision a of section 265.20 of the penal law,
49 as amended by chapter 235 of the laws of 2007, is amended to read as
50 follows:
51 5. Possession of a rifle or shotgun by a person other than a person
52 who has been convicted of a class A-I felony or a violent felony
53 offense, as defined in subdivision one of section 70.02 of this chapter,
54 who has been convicted as specified in subdivision four of section
55 265.01 OF THIS ARTICLE to whom a certificate of RESTORATION OR good
S. 74 20
1 conduct has been issued [pursuant to section seven hundred three-b of
2 the correction law].
3 S 39. Section 751 of the correction law, as amended by chapter 284 of
4 the laws of 2007, is amended to read as follows:
5 S 751. Applicability. The provisions of this article shall apply to
6 any application by any person for a license or employment at any public
7 or private employer, who has previously been convicted of one or more
8 criminal offenses in this state or in any other jurisdiction, and to any
9 license or employment held by any person whose conviction of one or more
10 criminal offenses in this state or in any other jurisdiction preceded
11 such employment or granting of a license, except where a mandatory
12 forfeiture, disability or bar to employment is imposed by law, and has
13 not been removed by an executive pardon, OR A certificate of RESTORA-
14 TION, relief from disabilities or certificate of good conduct. Nothing
15 in this article shall be construed to affect any right an employer may
16 have with respect to an intentional misrepresentation in connection with
17 an application for employment made by a prospective employee or previ-
18 ously made by a current employee.
19 S 40. Subdivision 2 of section 753 of the correction law, as added by
20 chapter 931 of the laws of 1976, is amended to read as follows:
21 2. In making a determination pursuant to section seven hundred fifty-
22 two of this [chapter] ARTICLE, the public agency or private employer
23 shall also give consideration to a certificate of RESTORATION, relief
24 from disabilities or a certificate of good conduct issued to the appli-
25 cant, which certificate shall create a presumption of rehabilitation in
26 regard to the offense or offenses specified therein.
27 S 41. The closing paragraph of subdivision 4 of section 79-a of the
28 civil rights law, as amended by section 7 of part LL of chapter 56 of
29 the laws of 2010, is amended to read as follows:
30 5. Nothing in this section shall be deemed to preclude the issuance of
31 a certificate of relief from disabilities, CERTIFICATE OF RESTORATION or
32 a certificate of good conduct pursuant to article twenty-three of the
33 correction law to a person who previously has been sentenced to impri-
34 sonment for life.
35 S 42. The first undesignated paragraph of section 440-a of the real
36 property law, as amended by section 23 of part LL of chapter 56 of the
37 laws of 2010, is amended to read as follows:
38 No person, co-partnership, limited liability company or corporation
39 shall engage in or follow the business or occupation of, or hold himself
40 or itself out or act temporarily or otherwise as a real estate broker or
41 real estate salesman in this state without first procuring a license
42 therefor as provided in this article. No person shall be entitled to a
43 license as a real estate broker under this article, either as an indi-
44 vidual or as a member of a co-partnership, or as a member or manager of
45 a limited liability company or as an officer of a corporation, unless he
46 or she is twenty years of age or over, a citizen of the United States or
47 an alien lawfully admitted for permanent residence in the United States.
48 No person shall be entitled to a license as a real estate salesman under
49 this article unless he or she is over the age of eighteen years. No
50 person shall be entitled to a license as a real estate broker or real
51 estate salesman under this article who has been convicted in this state
52 or elsewhere of a felony, of a sex offense, as defined in subdivision
53 two of section one hundred sixty-eight-a of the correction law or any
54 offense committed outside of this state which would constitute a sex
55 offense, or a sexually violent offense, as defined in subdivision three
56 of section one hundred sixty-eight-a of the correction law or any
S. 74 21
1 offense committed outside this state which would constitute a sexually
2 violent offense, and who has not subsequent to such conviction received
3 executive pardon therefor or a certificate of RESTORATION, relief from
4 disabilities or a certificate of good conduct pursuant to article twen-
5 ty-three of the correction law, to remove the disability under this
6 section because of such conviction. No person shall be entitled to a
7 license as a real estate broker or real estate salesman under this arti-
8 cle who does not meet the requirements of section 3-503 of the general
9 obligations law.
10 S 43. Paragraph (a) of subdivision 1 of section 20-438 of the adminis-
11 trative code of the city of New York is amended to read as follows:
12 (a) Issuance of licenses to conduct games of chance. If such depart-
13 ment shall determine that the applicant is duly qualified to be licensed
14 to conduct games of chance under this subchapter; that the members of
15 the applicant designated in the application to conduct games of chance
16 are bona fide active members of the applicant and are persons of good
17 moral character and have never been convicted of a crime, or, if
18 convicted, have received a pardon or a certificate of RESTORATION OR A
19 CERTIFICATE OF good conduct; that such games are to be conducted in
20 accordance with the provisions of this subchapter and in accordance with
21 the rules and regulations of the board and that the proceeds thereof are
22 to be disposed of as provided by this subchapter; and if such department
23 is satisfied that no commission, salary, compensation, reward or recom-
24 pense whatever will be paid or given to any person holding, operating or
25 conducting or assisting in the holding, operation and conduct of any
26 such games except as in this subchapter otherwise provided; and that no
27 prize will be given in excess of the sum or value of one hundred dollars
28 in any single game and that the aggregate of all prizes given on one
29 occasion, under said license shall not exceed the sum or value of one
30 thousand dollars, the department shall issue a license to the applicant
31 for the conduct of games of chance upon payment of a license fee of
32 twenty-five dollars for each license period.
33 S 44. Paragraph (a) of subdivision 5 of section 2806 of the public
34 health law, as amended by section 20 of part LL of chapter 56 of the
35 laws of 2010, is amended to read as follows:
36 (a) Except as provided in paragraphs (b) and (d) of this subdivision,
37 anything contained in this section or in a certificate of RESTORATION,
38 relief from disabilities or a certificate of good conduct issued pursu-
39 ant to article twenty-three of the correction law to the contrary
40 notwithstanding, a hospital operating certificate of a hospital under
41 control of a controlling person as defined in paragraph (a) of subdivi-
42 sion twelve of section twenty-eight hundred one-a of this article, or
43 under control of any other entity, shall be revoked upon a finding by
44 the department that such controlling person or any individual, member of
45 a partnership or shareholder of a corporation to whom or to which an
46 operating certificate has been issued, has been convicted of a class A,
47 B or C felony, or a felony related in any way to any activity or program
48 subject to the regulations, supervision, or administration of the
49 department or of the office of temporary and disability assistance or in
50 violation of the public officers law in a court of competent jurisdic-
51 tion in the state, or of a crime outside the state which, if committed
52 within the state, would have been a class A, B or C felony or a felony
53 related in any way to any activity or program subject to the regu-
54 lations, supervision, or administration of the department or of the
55 office of temporary and disability assistance or in violation of the
56 public officers law.
S. 74 22
1 S 45. Subdivision 5 of section 530 of the vehicle and traffic law, as
2 amended by section 31 of part LL of chapter 56 of the laws of 2010, is
3 amended to read as follows:
4 (5) A restricted use license or privilege shall be valid for the oper-
5 ation of any motor vehicle, except a vehicle for hire as a taxicab,
6 livery, coach, limousine, van or wheelchair accessible van or tow truck
7 as defined in this chapter subject to the conditions set forth herein,
8 which the holder would otherwise be entitled to operate had his drivers
9 license or privilege not been suspended or revoked. Notwithstanding
10 anything to the contrary in a certificate of RESTORATION, relief from
11 disabilities or a certificate of good conduct issued pursuant to article
12 twenty-three of the correction law, a restricted use license shall not
13 be valid for the operation of a commercial motor vehicle. A restricted
14 use license shall not be valid for the operation of a vehicle for hire
15 as a taxicab, livery, coach, limousine, van or wheelchair accessible van
16 or tow truck where the holder thereof had his or her drivers license
17 suspended or revoked and (i) such suspension or revocation is mandatory
18 pursuant to the provisions of subdivision two or two-a of section five
19 hundred ten of this title; or (ii) any such suspension is permissive for
20 habitual or persistent violations of this chapter or any local law
21 relating to traffic as set forth in paragraph d or i of subdivision
22 three of section five hundred ten of this title; or (iii) any such
23 suspension is permissive and has been imposed by a magistrate, justice
24 or judge of any city, town or village, any supreme court justice, any
25 county judge, or judge of a district court. Except for a commercial
26 motor vehicle as defined in subdivision four of section five hundred
27 one-a of this title, the restrictions on types of vehicles which may be
28 operated with a restricted license contained in this subdivision shall
29 not be applicable to a restricted license issued to a person whose
30 license has been suspended pursuant to paragraph three of subdivision
31 four-e of section five hundred ten of this title.
32 S 46. Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of
33 subdivision 2 of section 1193 of the vehicle and traffic law, as amended
34 by section 32 of part LL of chapter 56 of the laws of 2010, is amended
35 to read as follows:
36 (ii) that such person is granted a certificate of RESTORATION, relief
37 from disabilities or a certificate of good conduct pursuant to article
38 twenty-three of the correction law.
39 Provided, however, that the commissioner may, on a case by case basis,
40 refuse to restore a license which otherwise would be restored pursuant
41 to this item, in the interest of the public safety and welfare.
42 S 47. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
43 of the vehicle and traffic law, as amended by section 34 of part LL of
44 chapter 56 of the laws of 2010, is amended to read as follows:
45 (1) Notwithstanding anything to the contrary contained in a certif-
46 icate of RESTORATION, relief from disabilities or a certificate of good
47 conduct issued pursuant to article twenty-three of the correction law,
48 where a suspension or revocation, other than a revocation required to be
49 issued by the commissioner, is mandatory pursuant to paragraph (a) or
50 (b) of this subdivision, the magistrate, justice or judge shall issue an
51 order suspending or revoking such license upon sentencing, and the
52 license holder shall surrender such license to the court. Except as
53 hereinafter provided, such suspension or revocation shall take effect
54 immediately.
55 S 48. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of
56 subdivision 2 of section 1193 of the vehicle and traffic law, as amended
S. 74 23
1 by section 33 of part LL of chapter 56 of the laws of 2010, is amended
2 to read as follows:
3 (iii) after such documentation is accepted, that such person is grant-
4 ed a certificate of RESTORATION, relief from disabilities or a certif-
5 icate of good conduct pursuant to article twenty-three of the correction
6 law.
7 S 49. Item (iii) of clause a of subparagraph 3 of paragraph (e) of
8 subdivision 2 of section 1193 of the vehicle and traffic law, as amended
9 by section 35 of part LL of chapter 56 of the laws of 2010, is amended
10 to read as follows:
11 (iii) after such documentation is accepted, that such person is grant-
12 ed a certificate of RESTORATION, relief from disabilities or a certif-
13 icate of good conduct pursuant to article twenty-three of the correction
14 law.
15 S 50. Item (iii) of clause c of subparagraph 1 of paragraph (d) of
16 subdivision 2 of section 1194 of the vehicle and traffic law, as amended
17 by section 37 of part LL of chapter 56 of the laws of 2010, is amended
18 to read as follows:
19 (iii) after such documentation is accepted, that such person is grant-
20 ed a certificate of RESTORATION, relief from disabilities or a certif-
21 icate of good conduct pursuant to article twenty-three of the correction
22 law by the court in which such person was last penalized.
23 S 51. Paragraph (g) of subdivision 7 of section 1196 of the vehicle
24 and traffic law, as amended by section 38 of part LL of chapter 56 of
25 the laws of 2010, is amended to read as follows:
26 (g) Notwithstanding anything to the contrary contained in a certif-
27 icate of RESTORATION, relief from disabilities or a certificate of good
28 conduct issued pursuant to article twenty-three of the correction law,
29 any conditional license or privilege issued to a person convicted of a
30 violation of any subdivision of section eleven hundred ninety-two of
31 this article shall not be valid for the operation of any commercial
32 motor vehicle. In addition, no such conditional license or privilege
33 shall be valid for the operation of a taxicab as defined in this chap-
34 ter.
35 S 52. This act shall take effect on the one hundred eightieth day
36 after it shall have become a law provided, however, that the amendments
37 to subdivision 5 of section 530 of the vehicle and traffic law made by
38 section forty-five of this act shall not affect the expiration of such
39 subdivision and shall be deemed to expire therewith.