S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7751
                                   I N  S E N A T E
                                     June 4, 2014
                                      ___________
       Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the criminal procedure law, in  relation  to  collateral
         consequences of convictions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Short title. This act shall be known and may be  cited  as
    2  the "uniform collateral consequences of conviction act".
    3    S 2. The criminal procedure law is amended by adding a new article 435
    4  to read as follows:
    5                                 ARTICLE 435
    6              UNIFORM COLLATERAL CONSEQUENCES OF CONVICTION ACT
    7  SECTION 435.00 DEFINITIONS.
    8          435.05 LIMITATION ON SCOPE.
    9          435.10 IDENTIFICATION,   COLLECTION   AND  PUBLICATION  OF  LAWS
   10                   REGARDING COLLATERAL CONSEQUENCES.
   11          435.15 NOTICE OF COLLATERAL CONSEQUENCES IN PRETRIAL  PROCEEDING
   12                   AND AT GUILTY PLEA.
   13          435.20 NOTICE  OF COLLATERAL CONSEQUENCES AT SENTENCING AND UPON
   14                   RELEASE.
   15          435.25 AUTHORIZATION REQUIRED FOR COLLATERAL SANCTION;  AMBIGUI-
   16                   TY.
   17          435.30 DECISION TO DISQUALIFY.
   18          435.35 EFFECT  OF  CONVICTION  BY  ANOTHER  STATE  OR THE UNITED
   19                   STATES; RELIEVED OR PARDONED CONVICTION.
   20          435.40 ORDER OF LIMITED RELIEF.
   21          435.45 CERTIFICATE OF RESTORATION OF RIGHTS.
   22          435.50 COLLATERAL SANCTIONS NOT  SUBJECT  TO  ORDER  OF  LIMITED
   23                   RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS.
   24          435.55 ISSUANCE, MODIFICATION AND REVOCATION OF ORDER OF LIMITED
   25                   RELIEF AND CERTIFICATE OF RESTORATION OF RIGHTS.
   26          435.60 RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE OF DUE CARE.
   27          435.65 VICTIM'S RIGHTS.
   28          435.70 SAVINGS AND TRANSITIONAL PROVISIONS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04693-01-3
       S. 7751                             2
    1  S 435.00 DEFINITIONS.
    2    FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
    3  FOLLOWING MEANINGS:
    4    1. "COLLATERAL CONSEQUENCE" MEANS A COLLATERAL SANCTION OR A DISQUALI-
    5  FICATION.
    6    2. "COLLATERAL SANCTION" MEANS A PENALTY, DISABILITY, OR DISADVANTAGE,
    7  HOWEVER DENOMINATED, IMPOSED ON AN INDIVIDUAL AS A RESULT OF  THE  INDI-
    8  VIDUAL'S  CONVICTION  OF  AN  OFFENSE  WHICH APPLIES BY OPERATION OF LAW
    9  WHETHER OR NOT THE PENALTY, DISABILITY, OR DISADVANTAGE IS  INCLUDED  IN
   10  THE  JUDGMENT  OR  SENTENCE.  THE  TERM  DOES  NOT INCLUDE IMPRISONMENT,
   11  PROBATION,  PAROLE,  PRESUMPTIVE  RELEASE,  CONDITIONAL  RELEASE,   POST
   12  RELEASE SUPERVISION, FORFEITURE, RESTITUTION, FINE, ASSESSMENT, OR COSTS
   13  OF PROSECUTION.
   14    3.  "CONVICTION"  SHALL HAVE THE MEANING ASCRIBED TO IT IN SUBDIVISION
   15  THIRTEEN OF SECTION 1.20 OF THIS CHAPTER AND SHALL INCLUDE  ANY  ADJUDI-
   16  CATION  AS A JUVENILE DELINQUENT.  "CONVICTED" HAS A CORRESPONDING MEAN-
   17  ING.
   18    4. "DECISION-MAKER" MEANS THE STATE ACTING THROUGH A DEPARTMENT, AGEN-
   19  CY, OFFICER, OR  INSTRUMENTALITY,  INCLUDING  A  POLITICAL  SUBDIVISION,
   20  EDUCATIONAL  INSTITUTION,  BOARD,  OR COMMISSION, OR ITS EMPLOYEES, OR A
   21  GOVERNMENT CONTRACTOR, INCLUDING A SUBCONTRACTOR, MADE SUBJECT  TO  THIS
   22  ARTICLE BY CONTRACT, BY LAW OTHER THAN THIS ARTICLE, OR BY ORDINANCE.
   23    5.  "DISQUALIFICATION"  MEANS  A PENALTY, DISABILITY, OR DISADVANTAGE,
   24  HOWEVER DENOMINATED, THAT AN ADMINISTRATIVE AGENCY,  GOVERNMENTAL  OFFI-
   25  CIAL, OR COURT IN A CIVIL PROCEEDING IS AUTHORIZED, BUT NOT REQUIRED, TO
   26  IMPOSE  ON  AN  INDIVIDUAL  ON  GROUNDS  RELATING  TO  THE  INDIVIDUAL'S
   27  CONVICTION OF AN OFFENSE.
   28    6.  "OFFENSE"  MEANS  A  FELONY,  MISDEMEANOR,  AND  LESSER   INCLUDED
   29  OFFENSES,  UNDER  THE  LAWS  OF THIS STATE, ANOTHER STATE, OR THE UNITED
   30  STATES.
   31    7. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST,  ESTATE,
   32  TRUST,   PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  ASSOCIATION,  JOINT
   33  VENTURE, PUBLIC CORPORATION,  GOVERNMENT  OR  GOVERNMENTAL  SUBDIVISION,
   34  AGENCY, OR INSTRUMENTALITY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
   35    8.  "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
   36  BIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY  OR
   37  INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
   38  S 435.05 LIMITATION ON SCOPE.
   39    1. THIS ARTICLE SHALL NOT PROVIDE A BASIS FOR:
   40    (A) INVALIDATING A PLEA, CONVICTION, OR SENTENCE;
   41    (B) A CAUSE OF ACTION FOR MONEY DAMAGES; OR
   42    (C) A CLAIM FOR RELIEF FROM OR DEFENSE TO THE APPLICATION OF A COLLAT-
   43  ERAL  CONSEQUENCE  BASED  ON  A  FAILURE  TO COMPLY WITH SECTION 435.10,
   44  435.15 OR 435.20 OF THIS ARTICLE.
   45    2. THIS ARTICLE SHALL NOT AFFECT:
   46    (A) THE DUTY AN INDIVIDUAL'S ATTORNEY OWES TO THE INDIVIDUAL;
   47    (B) A CLAIM OR RIGHT OF A VICTIM OF AN OFFENSE; OR
   48    (C) A RIGHT OR REMEDY UNDER LAW OTHER THAN THIS ARTICLE  AVAILABLE  TO
   49  AN INDIVIDUAL CONVICTED OF AN OFFENSE.
   50  S 435.10 IDENTIFICATION,  COLLECTION  AND  PUBLICATION OF LAWS REGARDING
   51             COLLATERAL CONSEQUENCES.
   52    1. THE DIVISION OF CRIMINAL JUSTICE SERVICES:
   53    (A) SHALL IDENTIFY OR CAUSE TO BE  IDENTIFIED  ANY  PROVISION  IN  THE
   54  STATE  CONSTITUTION,  LAWS,  AND  ADMINISTRATIVE  RULES  WHICH IMPOSES A
   55  COLLATERAL SANCTION OR AUTHORIZES THE IMPOSITION OF A  DISQUALIFICATION,
       S. 7751                             3
    1  AND ANY PROVISION OF LAW THAT MAY AFFORD RELIEF FROM A COLLATERAL CONSE-
    2  QUENCE;
    3    (B)  NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTI-
    4  CLE, SHALL PREPARE OR CAUSE TO BE PREPARED A COLLECTION OF CITATIONS TO,
    5  AND THE TEXT OR SHORT DESCRIPTIONS OF, THE PROVISIONS  IDENTIFIED  UNDER
    6  PARAGRAPH (A) OF THIS SUBDIVISION;
    7    (C)  SHALL  UPDATE  OR CAUSE TO BE UPDATED THE COLLECTION WITHIN SIXTY
    8  DAYS AFTER EACH REGULAR SESSION OF THE LEGISLATURE; AND
    9    (D) IN COMPLYING WITH PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION,  MAY
   10  RELY  ON  THE  STUDY OF THIS STATE'S COLLATERAL SANCTIONS, DISQUALIFICA-
   11  TIONS, AND RELIEF PROVISIONS  PREPARED  BY  THE  NATIONAL  INSTITUTE  OF
   12  JUSTICE  DESCRIBED  IN SECTION 510 OF THE COURT SECURITY IMPROVEMENT ACT
   13  OF 2007, PUB. L. 110-177.
   14    2. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL INCLUDE OR CAUSE TO
   15  BE INCLUDED THE FOLLOWING STATEMENTS IN A PROMINENT MANNER AT THE BEGIN-
   16  NING OF THE COLLECTION REQUIRED BY SUBDIVISION ONE OF THIS SECTION:
   17    (A) THIS COLLECTION HAS NOT BEEN ENACTED INTO LAW AND  DOES  NOT  HAVE
   18  THE FORCE OF LAW.
   19    (B)  AN  ERROR OR OMISSION IN THIS COLLECTION OR IN ANY REFERENCE WORK
   20  CITED IN THIS COLLECTION IS  NOT  A  REASON  FOR  INVALIDATING  A  PLEA,
   21  CONVICTION,  OR  SENTENCE  OR  FOR NOT IMPOSING A COLLATERAL SANCTION OR
   22  AUTHORIZING A DISQUALIFICATION.
   23    (C) THE LAWS OF OTHER JURISDICTIONS  AND  LOCAL  MUNICIPALITIES  WHICH
   24  IMPOSE ADDITIONAL COLLATERAL SANCTIONS AND AUTHORIZE ADDITIONAL DISQUAL-
   25  IFICATIONS ARE NOT INCLUDED IN THIS COLLECTION.
   26    (D)  THIS  COLLECTION  DOES  NOT  INCLUDE  ANY  LAW OR OTHER PROVISION
   27  REGARDING THE IMPOSITION OF OR RELIEF FROM A COLLATERAL  SANCTION  OR  A
   28  DISQUALIFICATION   ENACTED  OR  ADOPTED  AFTER  THE  PREVIOUS  TIME  THE
   29  COLLECTION WAS PREPARED OR UPDATED.
   30    3. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PUBLISH OR CAUSE TO
   31  BE PUBLISHED THE COLLECTION PREPARED AND UPDATED AS REQUIRED BY SUBDIVI-
   32  SION ONE OF THIS SECTION. IF AVAILABLE, IT SHALL PUBLISH OR CAUSE TO  BE
   33  PUBLISHED,  AS PART OF THE COLLECTION, THE TITLE AND INTERNET ADDRESS OF
   34  THE MOST RECENT COLLECTION OF:
   35    (A) THE COLLATERAL CONSEQUENCES IMPOSED BY FEDERAL LAW; AND
   36    (B) ANY PROVISION OF FEDERAL LAW THAT MAY AFFORD RELIEF FROM A COLLAT-
   37  ERAL CONSEQUENCE.
   38    4. THE COLLECTION DESCRIBED IN SUBDIVISION THREE OF THIS SECTION  MUST
   39  BE AVAILABLE TO THE PUBLIC ON THE INTERNET WITHOUT CHARGE NOT LATER THAN
   40  THIRTY DAYS AFTER IT IS CREATED OR UPDATED.
   41  S 435.15 NOTICE OF COLLATERAL CONSEQUENCES IN PRETRIAL PROCEEDING AND AT
   42             GUILTY PLEA.
   43    1.  WHEN  AN  INDIVIDUAL RECEIVES FORMAL NOTICE THAT THE INDIVIDUAL IS
   44  CHARGED WITH AN OFFENSE, THE COURT SHALL CAUSE INFORMATION SUBSTANTIALLY
   45  SIMILAR TO THE FOLLOWING TO BE COMMUNICATED TO THE INDIVIDUAL:
   46                   NOTICE OF ADDITIONAL LEGAL CONSEQUENCES
   47    IF YOU PLEAD GUILTY OR ARE CONVICTED OF  AN  OFFENSE  YOU  MAY  SUFFER
   48  ADDITIONAL  LEGAL CONSEQUENCES BEYOND JAIL OR PRISON, PROBATION, PERIODS
   49  OF PAROLE, PRESUMPTIVE RELEASE, CONDITIONAL RELEASE, POST-RELEASE SUPER-
   50  VISION AND FINES. THESE CONSEQUENCES MAY INCLUDE:
   51    (A) BEING UNABLE TO GET OR KEEP SOME LICENSES, PERMITS, OR JOBS;
   52    (B) BEING UNABLE TO GET OR KEEP BENEFITS SUCH  AS  PUBLIC  HOUSING  OR
   53  EDUCATION;
   54    (C)  RECEIVING  A  HARSHER  SENTENCE  IF  YOU ARE CONVICTED OF ANOTHER
   55  OFFENSE IN THE FUTURE;
   56    (D) HAVING THE GOVERNMENT TAKE YOUR PROPERTY; AND
       S. 7751                             4
    1    (E) BEING UNABLE TO VOTE OR POSSESS A FIREARM.
    2    IF  YOU  ARE  NOT A UNITED STATES CITIZEN, A GUILTY PLEA OR CONVICTION
    3  MAY ALSO RESULT IN YOUR DEPORTATION, REMOVAL, EXCLUSION  FROM  ADMISSION
    4  TO THE UNITED STATES, OR DENIAL OF CITIZENSHIP.
    5    THE  LAW  MAY  PROVIDE  WAYS  TO  OBTAIN SOME RELIEF FROM THESE CONSE-
    6  QUENCES.
    7    FURTHER INFORMATION ABOUT THE CONSEQUENCES OF CONVICTION IS  AVAILABLE
    8  ON  THE  INTERNET  AT  THE  NEW  YORK STATE DIVISION OF CRIMINAL JUSTICE
    9  SERVICES WEBSITE.
   10    2. BEFORE THE COURT ACCEPTS A PLEA OF GUILTY OR NOLO  CONTENDERE  FROM
   11  AN  INDIVIDUAL, THE COURT SHALL CONFIRM THAT THE INDIVIDUAL RECEIVED AND
   12  UNDERSTANDS THE NOTICE REQUIRED BY SUBDIVISION ONE OF THIS  SECTION  AND
   13  HAD AN OPPORTUNITY TO DISCUSS THE NOTICE WITH COUNSEL.
   14  S 435.20 NOTICE  OF  COLLATERAL  CONSEQUENCES  AT  SENTENCING  AND  UPON
   15             RELEASE.
   16    1. AN INDIVIDUAL CONVICTED OF AN OFFENSE  SHALL  BE  GIVEN  NOTICE  AS
   17  PROVIDED IN SUBDIVISIONS TWO AND THREE OF THIS SECTION:
   18    (A) THAT COLLATERAL CONSEQUENCES MAY APPLY BECAUSE OF THE CONVICTION;
   19    (B)  OF THE INTERNET ADDRESS OF THE COLLECTION OF LAWS PUBLISHED UNDER
   20  SUBDIVISION THREE OF SECTION 435.10 OF THIS ARTICLE;
   21    (C) THAT THERE MAY BE WAYS TO OBTAIN  RELIEF  FROM  COLLATERAL  CONSE-
   22  QUENCES;
   23    (D)  OF  CONTACT  INFORMATION  FOR  GOVERNMENT  OR NONPROFIT AGENCIES,
   24  GROUPS, OR ORGANIZATIONS, IF ANY,  OFFERING  ASSISTANCE  TO  INDIVIDUALS
   25  SEEKING RELIEF FROM COLLATERAL CONSEQUENCES; AND
   26    (E)  OF WHEN AN INDIVIDUAL CONVICTED OF AN OFFENSE MAY VOTE UNDER THIS
   27  STATE'S LAW.
   28    2. THE COURT SHALL PROVIDE THE  NOTICE  IN  SUBDIVISION  ONE  OF  THIS
   29  SECTION AS A PART OF SENTENCING.
   30    3.  IF  AN INDIVIDUAL IS SENTENCED TO IMPRISONMENT OR OTHER INCARCERA-
   31  TION, THE OFFICER OR AGENCY RELEASING THE INDIVIDUAL SHALL  PROVIDE  THE
   32  NOTICE  IN SUBDIVISION ONE OF THIS SECTION NOT MORE THAN THIRTY, AND, IF
   33  PRACTICABLE, AT LEAST TEN, DAYS BEFORE RELEASE.
   34  S 435.25 AUTHORIZATION REQUIRED FOR COLLATERAL SANCTION; AMBIGUITY.
   35    1. A COLLATERAL SANCTION MAY BE IMPOSED ONLY BY STATUTE OR  ORDINANCE,
   36  OR  BY  A RULE OR REGULATION AUTHORIZED BY LAW AND ADOPTED IN ACCORDANCE
   37  WITH THE STATE ADMINISTRATIVE PROCEDURE ACT OR ANY OTHER APPLICABLE LAW.
   38    2. A LAW CREATING A COLLATERAL CONSEQUENCE THAT  IS  AMBIGUOUS  AS  TO
   39  WHETHER  IT  IMPOSES A COLLATERAL SANCTION OR AUTHORIZES A DISQUALIFICA-
   40  TION SHALL BE CONSTRUED AS AUTHORIZING A DISQUALIFICATION.
   41  S 435.30 DECISION TO DISQUALIFY.
   42    IN DECIDING WHETHER TO IMPOSE  A  DISQUALIFICATION,  A  DECISION-MAKER
   43  SHALL  UNDERTAKE  AN  INDIVIDUALIZED ASSESSMENT TO DETERMINE WHETHER THE
   44  BENEFIT OR OPPORTUNITY AT ISSUE SHOULD  BE  DENIED  THE  INDIVIDUAL.  IN
   45  MAKING  THAT DECISION, THE DECISION-MAKER MAY CONSIDER, IF SUBSTANTIALLY
   46  RELATED TO THE BENEFIT OR OPPORTUNITY AT ISSUE: THE PARTICULAR FACTS AND
   47  CIRCUMSTANCES INVOLVED IN THE OFFENSE, AND THE ESSENTIAL ELEMENTS OF THE
   48  OFFENSE. A CONVICTION ITSELF MAY NOT  BE  CONSIDERED  EXCEPT  AS  HAVING
   49  ESTABLISHED  THE  ELEMENTS OF THE OFFENSE. THE DECISION-MAKER SHALL ALSO
   50  CONSIDER OTHER RELEVANT  INFORMATION,  INCLUDING  THE  EFFECT  ON  THIRD
   51  PARTIES  OF GRANTING THE BENEFIT OR OPPORTUNITY AND WHETHER THE INDIVID-
   52  UAL HAS BEEN GRANTED RELIEF SUCH AS AN ORDER  OF  LIMITED  RELIEF  OR  A
   53  CERTIFICATE OF RESTORATION OF RIGHTS.
   54  S 435.35 EFFECT  OF  CONVICTION  BY  ANOTHER STATE OR THE UNITED STATES;
   55             RELIEVED OR PARDONED CONVICTION.
       S. 7751                             5
    1    1. FOR PURPOSES OF AUTHORIZING OR IMPOSING A COLLATERAL CONSEQUENCE IN
    2  THIS STATE, A CONVICTION OF AN OFFENSE IN A COURT OF  ANOTHER  STATE  OR
    3  THE  UNITED  STATES  IS DEEMED A CONVICTION OF THE OFFENSE IN THIS STATE
    4  WITH THE SAME ELEMENTS. IF THERE IS NO OFFENSE IN THIS  STATE  WITH  THE
    5  SAME ELEMENTS, THE CONVICTION IS DEEMED A CONVICTION OF THE MOST SERIOUS
    6  OFFENSE  IN  THIS  STATE  WHICH  IS  ESTABLISHED  BY THE ELEMENTS OF THE
    7  OFFENSE. A MISDEMEANOR IN THE JURISDICTION  OF  CONVICTION  MAY  NOT  BE
    8  DEEMED  A FELONY IN THIS STATE, AND AN OFFENSE LESSER THAN A MISDEMEANOR
    9  IN THE JURISDICTION OF CONVICTION MAY NOT BE DEEMED A  CONVICTION  OF  A
   10  FELONY OR MISDEMEANOR IN THIS STATE.
   11    2. FOR PURPOSES OF AUTHORIZING OR IMPOSING A COLLATERAL CONSEQUENCE IN
   12  THIS  STATE,  A  JUVENILE  ADJUDICATION  IN  ANOTHER STATE OR THE UNITED
   13  STATES MAY NOT BE DEEMED A  CONVICTION  OF  A  FELONY,  MISDEMEANOR,  OR
   14  OFFENSE  LESSER  THAN  A  MISDEMEANOR IN THIS STATE, BUT MAY BE DEEMED A
   15  JUVENILE ADJUDICATION FOR THE DELINQUENT ACT IN THIS STATE WITH THE SAME
   16  ELEMENTS. IF THERE IS NO DELINQUENT ACT IN  THIS  STATE  WITH  THE  SAME
   17  ELEMENTS,  THE  JUVENILE  ADJUDICATION  IS DEEMED AN ADJUDICATION OF THE
   18  MOST SERIOUS DELINQUENT ACT IN THIS STATE WHICH IS  ESTABLISHED  BY  THE
   19  ELEMENTS OF THE OFFENSE.
   20    3.  A CONVICTION THAT IS REVERSED, OVERTURNED, OR OTHERWISE VACATED BY
   21  A COURT OF COMPETENT JURISDICTION OF THIS STATE, ANOTHER STATE,  OR  THE
   22  UNITED  STATES ON GROUNDS OTHER THAN REHABILITATION OR GOOD BEHAVIOR MAY
   23  NOT SERVE AS THE BASIS FOR AUTHORIZING OR IMPOSING A  COLLATERAL  CONSE-
   24  QUENCE IN THIS STATE.
   25    4.  A PARDON ISSUED BY ANOTHER STATE OR THE UNITED STATES HAS THE SAME
   26  EFFECT FOR PURPOSES OF AUTHORIZING, IMPOSING, AND RELIEVING A COLLATERAL
   27  CONSEQUENCE IN THIS STATE AS IT HAS IN THE ISSUING JURISDICTION.
   28    5. A CONVICTION THAT HAS BEEN RELIEVED BY EXPUNGEMENT, SEALING, ANNUL-
   29  MENT, SET-ASIDE, OR VACATION BY A COURT  OF  COMPETENT  JURISDICTION  OF
   30  ANOTHER  STATE OR THE UNITED STATES ON GROUNDS OF REHABILITATION OR GOOD
   31  BEHAVIOR, OR FOR WHICH CIVIL RIGHTS ARE RESTORED  PURSUANT  TO  STATUTE,
   32  HAS  THE  SAME EFFECT FOR PURPOSES OF AUTHORIZING OR IMPOSING COLLATERAL
   33  CONSEQUENCES IN THIS STATE AS IT HAS IN THE JURISDICTION OF  CONVICTION.
   34  HOWEVER,  SUCH  RELIEF  OR  RESTORATION OF CIVIL RIGHTS DOES NOT RELIEVE
   35  COLLATERAL CONSEQUENCES APPLICABLE UNDER THE LAW OF THIS STATE FOR WHICH
   36  RELIEF COULD NOT BE GRANTED UNDER SECTION 435.50 OF THIS ARTICLE OR  FOR
   37  WHICH  RELIEF WAS EXPRESSLY WITHHELD BY THE COURT ORDER OR BY THE LAW OF
   38  THE JURISDICTION THAT RELIEVED THE CONVICTION. AN  INDIVIDUAL  CONVICTED
   39  IN  ANOTHER  JURISDICTION MAY SEEK RELIEF UNDER SECTION 435.40 OR 435.45
   40  OF THIS ARTICLE FROM ANY COLLATERAL CONSEQUENCE FOR WHICH RELIEF WAS NOT
   41  GRANTED IN THE ISSUING JURISDICTION, OTHER THAN THOSE LISTED IN  SECTION
   42  435.50 OF THIS ARTICLE, AND THE COURT SHALL CONSIDER THAT THE CONVICTION
   43  WAS  RELIEVED  OR  CIVIL RIGHTS RESTORED IN DECIDING WHETHER TO ISSUE AN
   44  ORDER OF LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS.
   45    6. A CHARGE OR PROSECUTION IN ANY JURISDICTION WHICH HAS BEEN  FINALLY
   46  TERMINATED  WITHOUT  A  CONVICTION  AND  IMPOSITION OF SENTENCE BASED ON
   47  PARTICIPATION IN A DEFERRED ADJUDICATION OR DIVERSION  PROGRAM  MAY  NOT
   48  SERVE  AS THE BASIS FOR AUTHORIZING OR IMPOSING A COLLATERAL CONSEQUENCE
   49  IN THIS STATE. THIS SUBDIVISION SHALL NOT AFFECT  THE  VALIDITY  OF  ANY
   50  RESTRICTION  OR CONDITION IMPOSED BY LAW AS PART OF PARTICIPATION IN THE
   51  DEFERRED ADJUDICATION OR DIVERSION PROGRAM, BEFORE OR AFTER  THE  TERMI-
   52  NATION OF THE CHARGE OR PROSECUTION.
   53  S 435.40 ORDER OF LIMITED RELIEF.
   54    1.  AN INDIVIDUAL CONVICTED OF AN OFFENSE MAY PETITION FOR AN ORDER OF
   55  LIMITED RELIEF FROM ONE OR MORE COLLATERAL SANCTIONS RELATED TO  EMPLOY-
       S. 7751                             6
    1  MENT,  EDUCATION,  HOUSING,  PUBLIC BENEFITS, OR OCCUPATIONAL LICENSING.
    2  THE PETITION MAY BE PRESENTED TO THE:
    3    (A) SENTENCING COURT AT OR BEFORE SENTENCING; OR
    4    (B)  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AT ANY TIME AFTER
    5  SENTENCING.
    6    2. EXCEPT AS OTHERWISE PROVIDED IN SECTION 435.50 OF THIS ARTICLE, THE
    7  COURT OR THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY ISSUE AN ORDER OF
    8  LIMITED RELIEF  RELIEVING  ONE  OR  MORE  OF  THE  COLLATERAL  SANCTIONS
    9  DESCRIBED  IN  SUBDIVISION  ONE  OF THIS SECTION IF, AFTER REVIEWING THE
   10  PETITION, THE INDIVIDUAL'S CRIMINAL HISTORY,  ANY  FILING  BY  A  VICTIM
   11  UNDER  SECTION  435.65  OF  THIS  ARTICLE OR A PROSECUTOR, AND ANY OTHER
   12  RELEVANT EVIDENCE, IT FINDS THE INDIVIDUAL HAS ESTABLISHED BY A  PREPON-
   13  DERANCE OF THE EVIDENCE THAT:
   14    (A)  GRANTING  THE  PETITION  WILL MATERIALLY ASSIST THE INDIVIDUAL IN
   15  OBTAINING OR MAINTAINING EMPLOYMENT, EDUCATION,  HOUSING,  PUBLIC  BENE-
   16  FITS, OR OCCUPATIONAL LICENSING;
   17    (B)  THE  INDIVIDUAL  HAS SUBSTANTIAL NEED FOR THE RELIEF REQUESTED IN
   18  ORDER TO LIVE A LAW-ABIDING LIFE; AND
   19    (C) GRANTING THE PETITION WOULD NOT POSE AN UNREASONABLE RISK  TO  THE
   20  SAFETY OR WELFARE OF THE PUBLIC OR ANY INDIVIDUAL.
   21    3. THE ORDER OF LIMITED RELIEF MUST SPECIFY:
   22    (A) THE COLLATERAL SANCTION FROM WHICH RELIEF IS GRANTED; AND
   23    (B)  ANY  RESTRICTION  IMPOSED  PURSUANT TO SUBDIVISION ONE OF SECTION
   24  435.55 OF THIS ARTICLE.
   25    4. AN ORDER OF LIMITED RELIEF RELIEVES A COLLATERAL  SANCTION  TO  THE
   26  EXTENT PROVIDED IN THE ORDER.
   27    5.  IF  A  COLLATERAL  SANCTION  HAS  BEEN  RELIEVED  PURSUANT TO THIS
   28  SECTION,  A  DECISION-MAKER  MAY  CONSIDER  THE  CONDUCT  UNDERLYING   A
   29  CONVICTION AS PROVIDED IN SECTION 435.30 OF THIS ARTICLE.
   30  S 435.45 CERTIFICATE OF RESTORATION OF RIGHTS.
   31    1.  AN INDIVIDUAL CONVICTED OF AN OFFENSE MAY PETITION THE DIVISION OF
   32  CRIMINAL JUSTICE SERVICES FOR A CERTIFICATE  OF  RESTORATION  OF  RIGHTS
   33  RELIEVING  COLLATERAL  SANCTIONS  NOT  SOONER THAN THREE YEARS AFTER THE
   34  INDIVIDUAL'S MOST RECENT CONVICTION OF A FELONY OR  MISDEMEANOR  IN  ANY
   35  JURISDICTION,  OR  NOT  SOONER  THAN  THREE YEARS AFTER THE INDIVIDUAL'S
   36  RELEASE FROM CONFINEMENT PURSUANT TO A CRIMINAL SENTENCE IN  ANY  JURIS-
   37  DICTION, WHICHEVER IS LATER.
   38    2. EXCEPT AS OTHERWISE PROVIDED IN SECTION 435.50 OF THIS ARTICLE, THE
   39  DIVISION  OF CRIMINAL JUSTICE SERVICES MAY ISSUE A CERTIFICATE OF RESTO-
   40  RATION OF RIGHTS IF, AFTER  REVIEWING  THE  PETITION,  THE  INDIVIDUAL'S
   41  CRIMINAL  HISTORY,  ANY  FILING BY A VICTIM UNDER SECTION 435.65 OF THIS
   42  ARTICLE OR A PROSECUTOR, AND ANY OTHER RELEVANT EVIDENCE, IT  FINDS  THE
   43  INDIVIDUAL HAS ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE THAT:
   44    (A)  THE  INDIVIDUAL  IS ENGAGED IN, OR SEEKING TO ENGAGE IN, A LAWFUL
   45  OCCUPATION OR ACTIVITY, INCLUDING EMPLOYMENT,  TRAINING,  EDUCATION,  OR
   46  REHABILITATIVE PROGRAMS, OR THE INDIVIDUAL OTHERWISE HAS A LAWFUL SOURCE
   47  OF SUPPORT;
   48    (B)  THE  INDIVIDUAL  IS NOT IN VIOLATION OF THE TERMS OF ANY CRIMINAL
   49  SENTENCE, OR THAT ANY FAILURE TO COMPLY IS JUSTIFIED, EXCUSED,  INVOLUN-
   50  TARY, OR INSUBSTANTIAL;
   51    (C) A CRIMINAL CHARGE IS NOT PENDING AGAINST THE INDIVIDUAL; AND
   52    (D)  GRANTING  THE PETITION WOULD NOT POSE AN UNREASONABLE RISK TO THE
   53  SAFETY OR WELFARE OF THE PUBLIC OR ANY INDIVIDUAL.
   54    3. A CERTIFICATE OF RESTORATION OF RIGHTS MUST SPECIFY ANY RESTRICTION
   55  IMPOSED AND COLLATERAL SANCTION FROM WHICH RELIEF HAS NOT  BEEN  GRANTED
   56  UNDER SUBDIVISION ONE OF SECTION 435.55 OF THIS ARTICLE.
       S. 7751                             7
    1    4.  A  CERTIFICATE  OF  RESTORATION  OF RIGHTS RELIEVES ALL COLLATERAL
    2  SANCTIONS, EXCEPT THOSE LISTED IN SECTION 435.50 OF THIS ARTICLE AND ANY
    3  OTHERS SPECIFICALLY EXCLUDED IN THE CERTIFICATE.
    4    5.  IF  A  COLLATERAL  SANCTION  HAS  BEEN  RELIEVED  PURSUANT TO THIS
    5  SECTION,  A  DECISION-MAKER  MAY  CONSIDER  THE  CONDUCT  UNDERLYING   A
    6  CONVICTION AS PROVIDED IN SECTION 435.30 OF THIS ARTICLE.
    7  S 435.50 COLLATERAL  SANCTIONS NOT SUBJECT TO ORDER OF LIMITED RELIEF OR
    8             CERTIFICATE OF RESTORATION OF RIGHTS.
    9    AN ORDER OF LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS MAY
   10  NOT BE ISSUED TO RELIEVE THE FOLLOWING COLLATERAL SANCTIONS:
   11    1. REQUIREMENTS IMPOSED BY ARTICLE SIX-C OF THE  CORRECTION  LAW,  THE
   12  SEX OFFENDER REGISTRATION ACT;
   13    2.  A  MOTOR  VEHICLE  LICENSE  SUSPENSION, REVOCATION, LIMITATION, OR
   14  INELIGIBILITY PURSUANT TO ARTICLE TWENTY OR THIRTY-ONE  OF  THE  VEHICLE
   15  AND TRAFFIC LAW, FOR WHICH RESTORATION OR RELIEF IS OTHERWISE AVAILABLE;
   16  OR
   17    3.  INELIGIBILITY  FOR  EMPLOYMENT  PURSUANT TO ANY LAW, RULE OR REGU-
   18  LATION OF THIS STATE.
   19  S 435.55 ISSUANCE, MODIFICATION  AND  REVOCATION  OF  ORDER  OF  LIMITED
   20             RELIEF AND CERTIFICATE OF RESTORATION OF RIGHTS.
   21    1.  WHEN  A  PETITION  IS FILED UNDER SECTION 435.40 OR 435.45 OF THIS
   22  ARTICLE, INCLUDING A PETITION FOR ENLARGEMENT OF AN  EXISTING  ORDER  OF
   23  LIMITED  RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS, THE DIVISION OF
   24  CRIMINAL JUSTICE SERVICES SHALL NOTIFY THE  PROSECUTING  OFFICE  OF  THE
   25  OFFENSE  GIVING  RISE TO THE COLLATERAL CONSEQUENCE FROM WHICH RELIEF IS
   26  SOUGHT AND, IF THE CONVICTION WAS NOT OBTAINED IN A COURT OF THIS STATE,
   27  THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL. THE COURT  MAY  ISSUE
   28  AN  ORDER  AND  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES MAY ISSUE AN
   29  ORDER OR CERTIFICATE SUBJECT TO RESTRICTION,  CONDITION,  OR  ADDITIONAL
   30  REQUIREMENT.  WHEN  ISSUING, DENYING, MODIFYING, OR REVOKING AN ORDER OR
   31  CERTIFICATE, THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY IMPOSE CONDI-
   32  TIONS FOR REAPPLICATION.
   33    2. THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY RESTRICT OR REVOKE AN
   34  ORDER OF LIMITED RELIEF OR  CERTIFICATE  OF  RESTORATION  OF  RIGHTS  IT
   35  ISSUED  OR AN ORDER OF LIMITED RELIEF ISSUED BY A COURT IN THIS STATE IF
   36  IT FINDS JUST CAUSE BY A  PREPONDERANCE  OF  THE  EVIDENCE.  JUST  CAUSE
   37  INCLUDES  SUBSEQUENT  CONVICTION  OF  A  FELONY  IN  THIS STATE OR OF AN
   38  OFFENSE IN ANOTHER JURISDICTION THAT IS DEEMED A FELONY  IN  THIS  STATE
   39  UNDER  SUBDIVISION  ONE  OF  SECTION 435.35 OF THIS ARTICLE. AN ORDER OF
   40  RESTRICTION OR REVOCATION MAY BE ISSUED:
   41    (A) ON MOTION OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE OFFICE
   42  OF THE PROSECUTOR THAT OBTAINED THE CONVICTION, OR A  GOVERNMENT  AGENCY
   43  DESIGNATED BY THAT PROSECUTOR;
   44    (B)  AFTER  NOTICE  TO  THE  INDIVIDUAL  AND  ANY  PROSECUTOR THAT HAS
   45  APPEARED IN THE MATTER; AND
   46    (C) AFTER A HEARING PURSUANT TO ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL
   47  PRACTICE  LAW AND RULES IF REQUESTED BY THE INDIVIDUAL OR THE PROSECUTOR
   48  THAT MADE THE MOTION OR ANY PROSECUTOR THAT HAS APPEARED IN THE MATTER.
   49    (D) THE COURT OR THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ORDER
   50  ANY TEST, REPORT, INVESTIGATION, OR  DISCLOSURE  BY  THE  INDIVIDUAL  IT
   51  REASONABLY  BELIEVES  NECESSARY  TO  ITS  DECISION  TO ISSUE, MODIFY, OR
   52  REVOKE AN ORDER OF LIMITED  RELIEF  OR  CERTIFICATE  OF  RESTORATION  OF
   53  RIGHTS.  IF THERE ARE MATERIAL DISPUTED ISSUES OF FACT OR LAW, THE INDI-
   54  VIDUAL AND ANY PROSECUTOR NOTIFIED UNDER SUBDIVISION ONE OF THIS SECTION
   55  OR ANOTHER PROSECUTORIAL AGENCY  DESIGNATED  BY  A  PROSECUTOR  NOTIFIED
       S. 7751                             8
    1  UNDER  SUBDIVISION  ONE OF THIS SECTION MAY SUBMIT EVIDENCE AND BE HEARD
    2  ON THOSE ISSUES.
    3    (E)  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL MAINTAIN A PUBLIC
    4  RECORD OF THE ISSUANCE, MODIFICATION, AND REVOCATION OF ORDERS OF LIMIT-
    5  ED RELIEF AND CERTIFICATES OF RESTORATION OF RIGHTS. THE CRIMINAL HISTO-
    6  RY RECORD SYSTEM   OF THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  MUST
    7  INCLUDE  ISSUANCE,  MODIFICATION,  AND  REVOCATION OF ORDERS AND CERTIF-
    8  ICATES.
    9    (F) THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY PROMULGATE RULES AND
   10  REGULATIONS FOR APPLICATION, DETERMINATION, MODIFICATION, AND REVOCATION
   11  OF ORDERS OF LIMITED RELIEF AND CERTIFICATES OF RESTORATION  OF  RIGHTS,
   12  IN  ACCORDANCE  WITH ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
   13  RULES.
   14  S 435.60 RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE OF DUE CARE.
   15    IN A JUDICIAL OR  ADMINISTRATIVE  PROCEEDING  ALLEGING  NEGLIGENCE  OR
   16  OTHER  FAULT, AN ORDER OF LIMITED RELIEF OR A CERTIFICATE OF RESTORATION
   17  OF RIGHTS MAY BE INTRODUCED AS  EVIDENCE  OF  A  PERSON'S  DUE  CARE  IN
   18  HIRING,  RETAINING,  LICENSING,  LEASING  TO,  ADMITTING  TO A SCHOOL OR
   19  PROGRAM OR OTHERWISE TRANSACTING BUSINESS OR ENGAGING IN  ACTIVITY  WITH
   20  THE  INDIVIDUAL  TO WHOM THE ORDER WAS ISSUED, IF THE PERSON KNEW OF THE
   21  ORDER OR CERTIFICATE AT THE TIME OF  THE  ALLEGED  NEGLIGENCE  OR  OTHER
   22  FAULT.
   23  S 435.65 VICTIM'S RIGHTS.
   24    A  VICTIM  OF AN OFFENSE MAY PARTICIPATE IN A PROCEEDING FOR ISSUANCE,
   25  MODIFICATION OR REVOCATION OF AN ORDER OF LIMITED RELIEF  OR  A  CERTIF-
   26  ICATE  OF  RESTORATION OF RIGHTS TO THE EXTENT PERMITTED BY THE RULES OR
   27  REGULATIONS PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   28  S 435.70 SAVINGS AND TRANSITIONAL PROVISIONS.
   29    1. THIS ARTICLE APPLIES TO COLLATERAL CONSEQUENCES WHENEVER ENACTED OR
   30  IMPOSED, UNLESS THE LAW CREATING THE  COLLATERAL  CONSEQUENCE  EXPRESSLY
   31  STATES THAT THIS ARTICLE DOES NOT APPLY.
   32    2.  THIS  ARTICLE  DOES  NOT INVALIDATE THE IMPOSITION OF A COLLATERAL
   33  SANCTION ON AN INDIVIDUAL BEFORE THE EFFECTIVE DATE OF THIS ARTICLE, BUT
   34  A COLLATERAL SANCTION VALIDLY IMPOSED BEFORE THE EFFECTIVE DATE OF  THIS
   35  ARTICLE MAY BE THE SUBJECT OF RELIEF UNDER THIS ARTICLE.
   36    S 3. This act shall take effect on the one hundred twentieth day after
   37  it shall have become a law; provided, however, that effective immediate-
   38  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   39  necessary for the implementation of this act on its  effective  date  is
   40  authorized to be made on or before such date.