S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7653
 
                             I N  S E N A T E
 
                             February 4, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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
   alcoholic  beverage  control law, the agriculture and markets law, the
   public health law, the town law, the education law, the general  busi-
   ness law, the penal law, the civil rights law, the administrative code
   of  the  city of New York and the vehicle and traffic law, in relation
   to establishing a certificate of restoration to  replace  the  certif-
   icate of good conduct and the certificate of relief from disabilities;
   and  to  repeal  certain  provisions of the correction law relating to
   certificates of good conduct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision  1  of section 700 of the
 correction law, as amended by chapter  342  of  the  laws  of  1972,  is
 amended to read as follows:
   (a)  "Eligible offender" shall mean a person who has been convicted of
 a crime or of an offense[, but who has not been convicted more than once
 of a felony].
   § 2. Section 701 of the correction law, as amended by chapter  342  of
 the  laws of 1972, subdivision 2 as amended by section 3 of subpart J of
 part II of chapter 55 of the  laws  of  2019,  is  amended  to  read  as
 follows:
   §  701.  Certificate  of  [relief from disabilities] RESTORATION. 1. A
 certificate of [relief from disabilities] RESTORATION may be granted  as
 provided  in this article to relieve an eligible offender of any forfei-
 ture or disability, or to remove any bar  to  his  employment,  automat-
 ically imposed by law by reason of his conviction of the crime or of the
 offense  specified  therein.  Such  certificate may be limited to one or
 more enumerated forfeitures, disabilities or bars, or  may  relieve  the
 eligible  offender of all forfeitures, disabilities and bars. [Provided,
 however, that no such certificate shall apply, or be construed so as  to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08131-03-0

 S. 7653                             2

 apply,  to  the  right  of  such  person to retain or to be eligible for
 public office.]
   2. Notwithstanding any other provision of law, except subdivision five
 of  section  twenty-eight  hundred six of the public health law or para-
 graph (b) of subdivision two of section eleven hundred  ninety-three  of
 the  vehicle  and  traffic law, a conviction of a crime or of an offense
 specified in a certificate of  [relief  from  disabilities]  RESTORATION
 shall  not  cause  automatic  forfeiture  of  any  license, other than a
 license issued pursuant to section 400.00 of the penal law to  a  person
 convicted  of a class A-I felony or a violent felony offense, as defined
 in subdivision one of section 70.02 of the penal  law,  permit,  employ-
 ment,  or  franchise,  including the right to register for or vote at an
 election, or automatic forfeiture of any other right or privilege,  held
 by  the eligible offender and covered by the certificate. Nor shall such
 conviction be deemed to be  a  conviction  within  the  meaning  of  any
 provision  of  law that imposes, by reason of a conviction, a bar to any
 employment, a disability to exercise any right, or a disability to apply
 for or to receive any license, permit, or other authority  or  privilege
 covered  by  the certificate; provided, however, that a conviction for a
 second or subsequent violation of  any  subdivision  of  section  eleven
 hundred  ninety-two  of the vehicle and traffic law committed within the
 preceding ten years shall impose a disability to apply for or receive an
 operator's license during the period provided in such law; and  provided
 further,  however, that a conviction for a class A-I felony or a violent
 felony offense, as defined in subdivision one of section  70.02  of  the
 penal  law,  shall impose a disability to apply for or receive a license
 or permit issued pursuant to section 400.00 of the penal law.
   3. A certificate of [relief from disabilities] RESTORATION shall  not,
 however,  in  any way prevent any judicial, administrative, licensing or
 other body, board or authority from relying upon the  conviction  speci-
 fied therein as the basis for the exercise of its discretionary power to
 suspend,  revoke, refuse to issue or refuse to renew any license, permit
 or other authority or privilege.
   § 3.  Section 702 of the correction law, as amended by chapter 342  of
 the  laws  of 1972, the section heading as amended by chapter 931 of the
 laws of 1976, subdivision 1 as amended by chapter 488  of  the  laws  of
 2011,  subdivision 3 as amended by section 64 of part A of chapter 56 of
 the laws of 2010 and subdivisions 4 and 6 as amended by  section  32  of
 subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   § 702. Certificates of [relief from disabilities]  RESTORATION  issued
 by  courts.  1. Any court of this state [may, in its discretion,] SHALL,
 ABSENT A FINDING THAT  ISSUANCE  OF  SUCH  CERTIFICATE  WILL  JEOPARDIZE
 PUBLIC  SAFETY, issue a certificate of [relief from disabilities] RESTO-
 RATION AT  THE  TIME  OF  SENTENCING  to  an  eligible  offender  for  a
 conviction that occurred in such court, if the court [either (a) imposed
 a  revocable sentence or (b)] imposed a sentence other than one executed
 by commitment to an institution under  the  jurisdiction  of  the  state
 department  of  corrections  and community supervision. Such certificate
 [may be] issued [(i)] at the time sentence is pronounced[, in which case
 it] may grant relief from forfeitures, as well as from disabilities[, or
 (ii) at any time thereafter, in which case it shall apply only to  disa-
 bilities].    Where  such  court  either imposes a revocable sentence or
 imposes a sentence other than one executed by commitment to an  institu-
 tion  under  the jurisdiction of the state department of corrections and
 community supervision, the court, upon  application  and  in  accordance

 S. 7653                             3
 
 with  subdivision  two  of  this  section, shall initially determine the
 fitness of an eligible offender for such certificate prior to or at  the
 time  sentence is pronounced. WHERE THE COURT FINDS THAT ISSUANCE OF THE
 CERTIFICATE  AT  SENTENCING  WILL JEOPARDIZE PUBLIC SAFETY, SUCH CERTIF-
 ICATE SHALL BE ISSUED AS FOLLOWS:
   (A) FOR AN OFFENDER WHO RECEIVES A REVOCABLE SENTENCE,  SUCH  OFFENDER
 SHALL  BE ISSUED SUCH CERTIFICATE AFTER SERVING ONE YEAR OF SUCH REVOCA-
 BLE SENTENCE IMPOSED BY THE COURT PROVIDED THAT SUCH  OFFENDER  HAS  NOT
 BEEN CONVICTED OF A NEW CRIME DURING THAT TIME AND IS NOT THE SUBJECT OF
 AN UNDISPOSED ARREST. SUCH CERTIFICATE SHALL APPLY ONLY TO DISABILITIES.
 IN ORDER TO RECEIVE SUCH A CERTIFICATE, THE ELIGIBLE OFFENDER MUST APPLY
 TO THE COURT IN WHICH THEY WERE SENTENCED.
   (B)  FOR AN OFFENDER WHO RECEIVES A DEFINITE SENTENCE OF IMPRISONMENT,
 SUCH OFFENDER SHALL BE ISSUED SUCH CERTIFICATE ONE  YEAR  AFTER  RELEASE
 FROM INCARCERATION PROVIDED THAT SUCH OFFENDER HAS NOT BEEN CONVICTED OF
 A  NEW  CRIME  DURING  THAT TIME AND IS NOT THE SUBJECT OF AN UNDISPOSED
 ARREST. SUCH CERTIFICATE SHALL APPLY ONLY TO DISABILITIES.  IN ORDER  TO
 RECEIVE  SUCH  A  CERTIFICATE,  THE  ELIGIBLE OFFENDER MUST APPLY TO THE
 COURT IN WHICH THEY WERE SENTENCED.
   IN CALCULATING THE ONE-YEAR PERIODS UNDER PARAGRAPHS (A)  AND  (B)  OF
 THIS  SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE PERSON WAS INCAR-
 CERATED FOR ANY REASON BETWEEN THE TIME OF CONVICTION AND  THE  DATE  ON
 WHICH  THE ELIGIBLE OFFENDER BECOMES ELIGIBLE FOR A CERTIFICATE SHALL BE
 EXCLUDED AND SUCH ONE-YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
 ODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
   2. [Such] THE RELIEF GRANTED BY SUCH certificate shall [not be  issued
 by the court unless the court is satisfied that:
   (a) The person to whom it is to be granted is an eligible offender, as
 defined in section seven hundred;
   (b) The relief to be granted by the certificate is] BE consistent with
 the rehabilitation of the eligible offender[;] and
   [(c)  The  relief  to  be granted by the certificate is] BE consistent
 with the public interest.
   3. [Where a certificate of relief from disabilities is not  issued  at
 the  time sentence is pronounced it shall only be issued thereafter upon
 verified application to the court. The court may,  for  the  purpose  of
 determining  whether  such  certificate  shall  be  issued,  request its
 probation service to conduct an investigation of the  applicant,  or  if
 the  court has no probation service it may request the probation service
 of the county court for the county in which  the  court  is  located  to
 conduct  such  investigation. Any probation officer requested to make an
 investigation pursuant to this section shall prepare and submit  to  the
 court a written report in accordance with such request.
   4.]  Where  the court has imposed a revocable sentence and the certif-
 icate of [relief from disabilities] RESTORATION is issued prior  to  the
 expiration  or  termination  of the time which the court may revoke such
 sentence, the certificate shall be deemed to be a temporary  certificate
 until  such  time  as  the  court's authority to revoke the sentence has
 expired or is terminated. While temporary, such certificate (a)  may  be
 revoked  by  the  court for violation of the conditions of the sentence,
 and (b) shall be revoked by the court if it  revokes  the  sentence  and
 commits the person to an institution under the jurisdiction of the state
 department of corrections and community supervision. Any such revocation
 shall  be  upon  notice  and  after  an  opportunity to be heard. If the
 certificate is not so revoked, it shall become a  permanent  certificate

 S. 7653                             4
 
 upon  expiration  or  termination of the court's authority to revoke the
 sentence.
   [5]  4.  Any court that has issued a certificate of [relief from disa-
 bilities] RESTORATION may at any time issue a new certificate to enlarge
 the relief previously granted, provided, however, that the provisions of
 subdivisions one through [four] THREE of this section shall apply to the
 issuance of any such new certificate.
   [6.] 5. Any written report submitted to the court  [pursuant  to]  FOR
 THE  PURPOSES OF this section is confidential and may not be made avail-
 able to any person or public or private agency except where specifically
 required or permitted by statute or upon specific authorization  of  the
 court. However, upon the court's receipt of such report, the court shall
 provide a copy of such report, or direct that such report be provided to
 the  applicant's attorney, or the applicant himself, if he or she has no
 attorney. In its discretion, the court may except from disclosure a part
 or parts of the report which are not  relevant  to  the  granting  of  a
 certificate,  or  sources  of  information which have been obtained on a
 promise of confidentiality, or any other portion thereof, disclosure  of
 which  would  not be in the interest of justice. The action of the court
 excepting information from disclosure  shall  be  subject  to  appellate
 review.  The  court,  in  its  discretion, may hold a conference in open
 court or in chambers to afford an applicant an opportunity to controvert
 or to comment upon any portions  of  the  report.  The  court  may  also
 conduct  a  summary  hearing at the conference on any matter relevant to
 the granting of the application and may take testimony under oath.
   § 4. Section 703 of the correction law, as amended by  section  34  of
 subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   § 703. Certificates of [relief from disabilities]  RESTORATION  issued
 by  the  department  of  corrections  and  community supervision. 1. The
 department of corrections and  community  supervision  shall  [have  the
 power  to] issue a certificate of [relief from disabilities] RESTORATION
 to:
   (a) any eligible offender who has been  committed  to  an  institution
 under the jurisdiction of the state department of corrections and commu-
 nity  supervision WHO SUCCESSFULLY EARNED MERIT TIME OR A CERTIFICATE OF
 EARNED ELIGIBILITY DURING THEIR PERIOD OF INCARCERATION.   Such  certif-
 icate  [may]  SHALL be issued by the department at the time the offender
 is released from such institution under the department's supervision [or
 otherwise or at any time thereafter]. IF SUCH ELIGIBLE OFFENDER DID  NOT
 EARN  MERIT  TIME  OR  A CERTIFICATE OF EARNED ELIGIBILITY, THE BOARD OF
 PAROLE SHALL ISSUE  SUCH  CERTIFICATE  AT  THE  TIME  OF  SUCH  ELIGIBLE
 OFFENDER'S RELEASE TO COMMUNITY SUPERVISION UNLESS IT IS DETERMINED THAT
 THE ISSUANCE OF SUCH CERTIFICATE WOULD JEOPARDIZE PUBLIC SAFETY. IF SUCH
 CERTIFICATE  IS  NOT  ISSUED  UPON  SUCH  ELIGIBLE OFFENDER'S RELEASE TO
 COMMUNITY SUPERVISION, SUCH OFFENDER SHALL BE ISSUED  A  CERTIFICATE  BY
 THE  BOARD  OF  PAROLE  AFTER TWO YEARS OF UNREVOKED PAROLE, CONDITIONAL
 RELEASE OR POST-RELEASE SUPERVISION.  SUCH INDIVIDUAL SHALL APPLY TO THE
 BOARD OF PAROLE IN ORDER TO RECEIVE SUCH CERTIFICATE.
   IN CALCULATING THE TWO-YEAR PERIOD UNDER THIS PARAGRAPH, ANY PERIOD OF
 TIME DURING WHICH THE PERSON WAS INCARCERATED FOR ANY REASON BETWEEN THE
 TIME OF CONVICTION AND THE DATE ON WHICH THE ELIGIBLE  OFFENDER  BECOMES
 ELIGIBLE  FOR  A  CERTIFICATE SHALL BE EXCLUDED AND SUCH TWO-YEAR PERIOD
 SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED  UNDER
 SUCH INCARCERATION;

 S. 7653                             5
 
   (b)  any  eligible  offender  who  resides within this state and whose
 judgment of conviction was rendered by a court in any other jurisdiction
 WHERE SUCH ELIGIBLE OFFENDER APPLIES FOR SUCH CERTIFICATE, IS NOT INCAR-
 CERATED AT THE TIME OF THE APPLICATION AND IS NOT SUBJECT TO  AN  UNDIS-
 POSED ARREST, UNLESS THE BOARD OF PAROLE DETERMINES THAT THE ISSUANCE OF
 SUCH  CERTIFICATE  WOULD  JEOPARDIZE  PUBLIC SAFETY. IF A CERTIFICATE OF
 RESTORATION IS NOT ISSUED AT THE TIME  OF  THE  APPLICATION,  THE  BOARD
 SHALL  ISSUE  A CERTIFICATE TO SUCH ELIGIBLE OFFENDER ONE YEAR AFTER THE
 DATE OF THE APPLICATION WHERE THE  JUDGMENT  OF  CONVICTION  WAS  FOR  A
 MISDEMEANOR  AND  TWO  YEARS AFTER THE DATE OF THE APPLICATION WHERE THE
 JUDGMENT OF CONVICTION WAS FOR A FELONY, PROVIDED THAT SUCH OFFENDER HAS
 NOT BEEN CONVICTED OF A NEW CRIME AND IS NOT THE SUBJECT  OF  AN  UNDIS-
 POSED ARREST.
   2. Where the department has issued a certificate of [relief from disa-
 bilities]  RESTORATION,  the  department  may  at  any  time issue a new
 certificate enlarging the relief previously granted.
   3. The RELIEF GRANTED BY THE department [shall not  issue  any]  IN  A
 certificate  of  [relief  from  disabilities]  RESTORATION  pursuant  to
 [subdivisions] SUBDIVISION one or two[, unless the department is  satis-
 fied that:
   (a) The person to whom it is to be granted is an eligible offender, as
 defined in section seven hundred;
   (b)  The  relief  to be granted by the certificate is] OF THIS SECTION
 SHALL BE consistent with the rehabilitation of the eligible  offender[;]
 and
   [(c)  The  relief  to  be granted by the certificate is] BE consistent
 with the public interest.
   4. Any certificate of [relief from disabilities] RESTORATION issued by
 the department to an eligible offender who at time of  the  issuance  of
 the  certificate  is under the department's supervision, shall be deemed
 to be a temporary certificate until such time as the  eligible  offender
 is  discharged  from the department's supervision, and, while temporary,
 such certificate may be revoked by the department for violation  of  the
 conditions  of community supervision. Revocation shall be upon notice to
 the releasee, who shall  be  accorded  an  opportunity  to  explain  the
 violation  prior  to  decision  thereon.  If  the  certificate is not so
 revoked, it shall become a  permanent  certificate  upon  expiration  or
 termination of the department's jurisdiction over the individual.
   5. In granting or revoking a certificate of [relief from disabilities]
 RESTORATION  the  action  of  the  department shall be deemed a judicial
 function and shall not be reviewable if done according to law.
   6. For the purpose of determining whether such  certificate  shall  be
 issued, the department may conduct an investigation of the applicant.
   7. Presumption based on federal recommendation. Where a certificate of
 [relief  from  disabilities] RESTORATION is sought pursuant to paragraph
 (b) of subdivision one of this  section  on  a  judgment  of  conviction
 rendered by a federal district court in this state and the department is
 in  receipt of a written recommendation in favor of the issuance of such
 certificate from the  chief  probation  officer  of  the  district,  the
 department  shall  issue the requested certificate, unless it finds that
 the requirements of [paragraphs (a), (b) and (c) of]  subdivision  three
 of  this  section  have  not  been  satisfied;  or that the interests of
 justice would not be advanced by the issuance of the certificate.
   § 5. Section 703-a of the correction law is REPEALED.
   § 6. Section 703-b of the correction law is REPEALED.

 S. 7653                             6
 
   § 7. Section 704 of the correction law, as added by chapter 654 of the
 laws of 1966, is amended to read as follows:
   §  704.  Effect of revocation; use of revoked certificate.  1. Where a
 certificate of [relief from disabilities] RESTORATION is  deemed  to  be
 temporary  and such certificate is revoked, disabilities and forfeitures
 thereby relieved shall be reinstated as  of  the  date  upon  which  the
 person  to  whom  the  certificate was issued receives written notice of
 such revocation. Any such person  shall  upon  receipt  of  such  notice
 surrender the certificate to the issuing court or board.
   2.  A  person who knowingly uses or attempts to use, a revoked certif-
 icate of [relief from disabilities] RESTORATION in order to obtain or to
 exercise any right or privilege that he would not be entitled to  obtain
 or  to  exercise without a valid certificate shall be guilty of a misde-
 meanor.
   3. WHERE A CERTIFICATE OF RESTORATION HAS BEEN REVOKED,  THE  OFFENDER
 SHALL  BE  ELIGIBLE  FOR  A  NEW CERTIFICATE IN ACCORDANCE WITH SECTIONS
 SEVEN HUNDRED TWO AND SEVEN HUNDRED THREE OF THIS ARTICLE AS APPLICABLE.
   § 8. Section 705 of the correction law, as amended by  section  36  of
 subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
   § 705. Forms and filing. 1. All applications, certificates and  orders
 of  revocation  necessary for the purposes of this article shall be upon
 forms prescribed pursuant to agreement among the state  commissioner  of
 corrections  and  community supervision, the chairman of the state board
 of parole and the administrator of the state judicial  conference.  Such
 forms relating to certificates of [relief from disabilities] RESTORATION
 shall  be distributed by the office of probation and correctional alter-
 natives and [forms relating to certificates of  good  conduct  shall  be
 distributed]  by  the  commissioner of the department of corrections and
 community supervision.
   2. Any court or department issuing or revoking any certificate  pursu-
 ant to this article shall immediately file a copy of the certificate, or
 of  the  order of revocation, with the New York state identification and
 intelligence system.
   § 9. Subdivision 3 of section 175 of the executive law, as amended  by
 section  2  of  part LL of chapter 56 of the laws of 2010, is amended to
 read as follows:
   3. Upon a showing by the attorney general in  an  application  for  an
 injunction that any person engaged in solicitation has been convicted in
 this  state  or  elsewhere of a felony or of a misdemeanor involving the
 misappropriation, misapplication or misuse of the money or  property  of
 another, and who has not, subsequent to such conviction, received execu-
 tive  pardon therefor or a certificate of [relief from disabilities or a
 certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
 three  of  the  correction  law, the supreme court, after a hearing, may
 enjoin such person from engaging in any solicitation.
   § 10. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
 amended by section 24 of part LL of chapter 56 of the laws of  2010,  is
 amended to read as follows:
   (c)  If  a person convicted of a felony or crime deemed hereby to be a
 felony is subsequently pardoned by the governor of the state where  such
 conviction  was  had, or by the president of the United States, or shall
 receive a certificate of [relief from disabilities or a  certificate  of
 good  conduct]  RESTORATION  pursuant  to  article  twenty-three  of the
 correction law for the purpose of removing  the  disability  under  this
 section  because  of  such  conviction,  the  tax commission may, in its

 S. 7653                             7
 
 discretion, on application of such person and compliance  with  subdivi-
 sion  two  of  this section, and on the submission to it of satisfactory
 evidence of good moral character and suitability,  again  register  such
 person as a distributor under this article.
   §  11.  Subdivision 2 of section 102 of the alcoholic beverage control
 law, as amended by section 1 of part OO of chapter 56  of  the  laws  of
 2010,  the  opening paragraph as separately amended by section 3 of part
 LL of chapter 56 of the laws of 2010 and  paragraph  (g)  as  separately
 amended  by  chapter  232  of  the  laws  of 2010, is amended to read as
 follows:
   2. No person holding any license hereunder, other than  a  license  to
 sell  an  alcoholic beverage at retail for off-premises consumption or a
 license or special license to sell an alcoholic beverage at  retail  for
 consumption  on  the  premises where such license authorizes the sale of
 liquor, beer and/or wine on the premises of  a  catering  establishment,
 hotel,  restaurant,  club,  or  recreational  facility,  shall knowingly
 employ in connection with his OR HER business in any capacity  whatsoev-
 er,  any  person,  who  has  been  convicted  of a felony, or any of the
 following offenses, who has not subsequent to such  conviction  received
 an  executive  pardon  therefor removing any civil disabilities incurred
 thereby, a certificate of [relief from disabilities or a certificate  of
 good  conduct]  RESTORATION  pursuant  to  article  twenty-three  of the
 correction law, or other relief from disabilities provided  by  law,  or
 the  written  approval  of  the  state  liquor authority permitting such
 employment, to wit:
   (a) Illegally using, carrying or possessing a pistol or other  danger-
 ous weapon;
   (b) Making or possessing burglar's instruments;
   (c) Buying or receiving or criminally possessing stolen property;
   (d) Unlawful entry of a building;
   (e) Aiding escape from prison;
   (f)  Unlawfully  possessing  or  distributing  habit  forming narcotic
 drugs;
   (g) Violating subdivisions six, ten or eleven of section seven hundred
 twenty-two of the former penal law as in force  and  effect  immediately
 prior  to  September  first,  nineteen hundred sixty-seven, or violating
 [sections] SECTION 165.25 or 165.30 of the penal law;
   (h) Vagrancy or prostitution; or
   (i) Ownership, operation, possession, custody or control  of  a  still
 subsequent to July first, nineteen hundred fifty-four.
   If,  as  hereinabove  provided,  the state liquor authority issues its
 written approval for the employment by a licensee, in a specified capac-
 ity, of a person previously convicted of a felony or any of the offenses
 above enumerated, such person, may, unless he  OR  SHE  is  subsequently
 convicted of a felony or any of such offenses, thereafter be employed in
 the  same  capacity  by  any  other licensee without the further written
 approval of the authority unless the prior approval given by the author-
 ity is terminated.
   The liquor authority may make such rules  as  it  deems  necessary  to
 carry out the purpose and intent of this subdivision.
   As  used  in this subdivision, "recreational facility" shall mean: (i)
 premises that are part of a facility the  principal  business  of  which
 shall  be the providing of recreation in the form of golf, tennis, swim-
 ming, skiing or boating; and (ii) premises in which the principal  busi-
 ness  shall  be  the  operation of a theatre, concert hall, opera house,
 bowling establishment, excursion and  sightseeing  vessel,  or  accommo-

 S. 7653                             8
 
 dation  of athletic events, sporting events, expositions and other simi-
 lar events or occasions requiring the accommodation of large  gatherings
 of persons.
   §  12.  Paragraph (d) of subdivision 1 of section 110 of the alcoholic
 beverage control law, as amended by chapter 114 of the laws of 2000,  is
 amended to read as follows:
   (d)  A statement that such applicant or the applicant's spouse has not
 been convicted of a crime addressed by the  provisions  of  section  one
 hundred  twenty-six  of  this  article  which would forbid the applicant
 (including any officers, directors, shareholders or partners  listed  in
 the statement of identity under paragraph (a) of this subdivision or the
 spouse of such person) or the applicant's spouse to traffic in alcoholic
 beverages, a statement whether or not the applicant (including any offi-
 cers,  directors,  shareholders  or  partners listed in the statement of
 identity under paragraph (a) of this subdivision or the  spouse  of  any
 such  person)  or  the  applicant's  spouse  is an official described in
 section one hundred twenty-eight of this article, and a  description  of
 any  crime that the applicant (including any officers, directors, share-
 holders or partners listed under paragraph (a) of  this  subdivision  or
 the  spouse  of  any  such  person)  or  the applicant's spouse has been
 convicted of and whether such person has received a pardon,  certificate
 of   [good   conduct   or   certificate  of  relief  from  disabilities]
 RESTORATION; provided, however, that  no  person  shall  be  denied  any
 license solely on the grounds that such person is the spouse of a person
 otherwise disqualified from holding a license under this chapter.
   § 13. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
 age  control  law,  as  amended  by section 50 of subpart B of part C of
 chapter 62 of the laws of 2011, are amended to read as follows:
   1. Except as provided in subdivision one-a of this section,  a  person
 who  has been convicted of a felony or any of the misdemeanors mentioned
 in section eleven hundred forty-six of the former penal law as in  force
 and  effect  immediately  prior  to  September  first,  nineteen hundred
 sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
 penal law, unless subsequent to such conviction such person  shall  have
 received  an  executive  pardon  therefor  removing  this  disability, a
 certificate of [good conduct granted by the  department  of  corrections
 and community supervision, or a certificate of relief from disabilities]
 RESTORATION  granted  by  the  department  of  corrections and community
 supervision or a court of this state pursuant to the provisions of arti-
 cle twenty-three of the correction law to remove  the  disability  under
 this section because of such conviction.
   1-a. Notwithstanding the provision of subdivision one of this section,
 a  corporation holding a license to traffic in alcoholic beverages shall
 not, upon conviction of a felony or any of the misdemeanors or  offenses
 described in subdivision one of this section, be automatically forbidden
 to  traffic in alcoholic beverages, but the application for a license by
 such a corporation shall be subject to denial, and the license of such a
 corporation shall be subject to revocation or suspension by the authori-
 ty pursuant to section one hundred eighteen of this  [chapter]  ARTICLE,
 consistent   with  the  provisions  of  article  twenty-three-A  of  the
 correction law. For any felony conviction by a court other than a  court
 of  this  state, the authority may request the department of corrections
 and community supervision  to  investigate  and  review  the  facts  and
 circumstances  concerning  such a conviction, and such department shall,
 if so requested, submit its findings to the authority as to whether  the
 corporation  has  conducted  itself  in a manner such that discretionary

 S. 7653                             9
 
 review by the authority would not be inconsistent with the public inter-
 est. The department of corrections and community supervision may  charge
 the  licensee or applicant a fee equivalent to the expenses of an appro-
 priate investigation under this subdivision. For any conviction rendered
 by  a court of this state, the authority may request the corporation, if
 the corporation is eligible for a certificate of [relief from  disabili-
 ties]  RESTORATION,  to  seek  such  a certificate [from the court which
 rendered the conviction] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF  THE
 CORRECTION  LAW and to submit such a certificate as part of the authori-
 ty's discretionary review process.
   4. A copartnership or a corporation, unless each member of  the  part-
 nership,  or  each of the principal officers and directors of the corpo-
 ration, is a citizen of the United States or an alien lawfully  admitted
 for  permanent  residence in the United States, not less than twenty-one
 years of age, and has not been convicted of any felony  or  any  of  the
 misdemeanors,  specified  in  section  eleven  hundred  forty-six of the
 former penal law as in force and effect immediately prior  to  September
 first, nineteen hundred sixty-seven, or of an offense defined in section
 230.20  or  230.40  of  the  penal law, or if so convicted has received,
 subsequent to such conviction, an  executive  pardon  therefor  removing
 this  disability,  a certificate of [good conduct granted by the depart-
 ment of corrections and  community  supervision,  or  a  certificate  of
 relief  from  disabilities]  RESTORATION  granted  by  the department of
 corrections and community supervision or a court of this state  pursuant
 to  the  provisions  of  article  twenty-three  of the correction law to
 remove the disability under this section  because  of  such  conviction;
 provided  however  that  a  corporation  which otherwise conforms to the
 requirements of this section and chapter may be licensed if each of  its
 principal  officers and more than one-half of its directors are citizens
 of the United States or aliens lawfully admitted for permanent residence
 in the United States; and provided further that a corporation  organized
 under  the  not-for-profit  corporation  law  or the education law which
 otherwise conforms to the requirements of this section and  chapter  may
 be  licensed if each of its principal officers and more than one-half of
 its directors are not less than twenty-one years of age and none of  its
 directors are less than eighteen years of age; and provided further that
 a  corporation organized under the not-for-profit corporation law or the
 education law and located on the premises of a  college  as  defined  by
 section  two  of  the  education  law  which  otherwise  conforms to the
 requirements of this section and chapter may be licensed if each of  its
 principal  officers and each of its directors are not less than eighteen
 years of age.
   § 14. Subdivision 4 of section 96-z-3 of the agriculture  and  markets
 law,  as  amended  by  section 4 of part LL of chapter 56 of the laws of
 2010, is amended to read as follows:
   (4) applicant, an officer, director, partner, or  holder  of  ten  per
 centum or more of the voting stock of an applicant has been convicted of
 a felony by a court of the United States or any state or territory ther-
 eof,  without  subsequent  pardon  by  the governor or other appropriate
 authority  of  the  state  or  jurisdiction  in  which  such  conviction
 occurred,  or  the receipt of a certificate of [relief from disabilities
 or a certificate of good conduct] RESTORATION pursuant to article  twen-
 ty-three of the correction law,
   § 15. Paragraph (d) of subdivision 4 of section 129 of the agriculture
 and markets law, as amended by section 5 of part LL of chapter 56 of the
 laws of 2010, is amended to read as follows:

 S. 7653                            10

   (d)  The  applicant or registrant, or an officer, director, partner or
 holder of ten per centum or more of the voting stock of the applicant or
 registrant, has been convicted of a felony by  a  court  of  the  United
 States  or  any state or territory thereof, without subsequent pardon by
 the governor or other appropriate authority of the state or jurisdiction
 in  which  such  conviction  occurred,  or  receipt  of a certificate of
 [relief from disabilities or a certificate of good conduct]  RESTORATION
 pursuant to article twenty-three of the correction law;
   §  16.  Paragraph  (c)  of subdivision 2 of section 2897 of the public
 health law, as amended by section 21 of part LL of  chapter  56  of  the
 laws of 2010, is amended to read as follows:
   (c)  If  a person convicted of a felony or crime deemed hereby to be a
 felony is subsequently pardoned by the governor of the state where  such
 conviction  was  had, or by the president of the United States, or shall
 receive a certificate of [relief from disabilities or a  certificate  of
 good  conduct]  RESTORATION  pursuant  to  article  twenty-three  of the
 correction law for the purpose of removing  the  disability  under  this
 section because of such conviction, the board may, in its discretion, on
 application  of such person, and on the submission to it of satisfactory
 evidence, restore to such person the  right  to  practice  nursing  home
 administration in this state.
   §  17. Section 3454 of the public health law, as amended by section 22
 of part LL of chapter 56 of the laws of 2010,  is  amended  to  read  as
 follows:
   §  3454.  Restoration  of  licenses after conviction of a felony. If a
 person convicted of a felony or crime deemed to be a  felony  is  subse-
 quently  pardoned by the governor of the state where such conviction was
 had or by the president of the United States, or shall receive a certif-
 icate of [relief from disabilities or a  certificate  of  good  conduct]
 RESTORATION  pursuant  to  article twenty-three of the correction law to
 remove the disability under this section because of such conviction, the
 commissioner may, in his OR  HER  discretion,  on  application  of  such
 person,  and  on  the submission to him OR HER of satisfactory evidence,
 restore to such person the right to practice in this state.
   § 18. Paragraph (a) of subdivision 2 of section  3510  of  the  public
 health  law,  as added by chapter 175 of the laws of 2006, is amended to
 read as follows:
   (a) No person convicted of a felony shall continue to hold  a  license
 to  practice radiologic technology, unless he or she has been granted an
 executive pardon, a  certificate  of  [relief  from  disabilities  or  a
 certificate  of  good  conduct]  RESTORATION  for  such  felony and, the
 commissioner, in his or  her  discretion,  restores  the  license  after
 determining that the individual does not pose a threat to patient health
 and safety.
   § 19. Paragraph b of subdivision 5 of section 84-a of the town law, as
 amended  by  section 10 of part LL of chapter 56 of the laws of 2010, is
 amended to read as follows:
   b. On the reverse side of such envelope shall be printed the following
 statement:
                         STATEMENT OF ABSENTEE VOTER
   I do declare that I will have been a citizen of the United States  for
 thirty  days, and will be at least eighteen years of age, on the date of
 the special town election; that I will have  been  a  resident  of  this
 state  and  of  the  town shown on the reverse side of this envelope for
 thirty days next preceding the said election; that I am or on such  date
 will  be,  a  registered  voter  of  said town; that I will be unable to

 S. 7653                            11
 
 appear personally on the day of said special town election at the  poll-
 ing  place of the election district in which I am or will be a qualified
 voter because of the reason stated on my application heretofore  submit-
 ted;  that  I have not qualified, or do I intend to vote, elsewhere than
 as set forth on the reverse side of  this  envelope;  that  I  have  not
 received or offered, do not expect to receive, have not paid, offered or
 promised  to  pay,  contributed,  offered  or  promised to contribute to
 another to be paid or used, any money or  other  valuable  thing,  as  a
 compensation  or  reward for the giving or withholding of a vote at this
 special town election, and have not made any promise  to  influence  the
 giving  or withholding of any such votes; that I have not made or become
 directly or indirectly interested in any bet or wager depending upon the
 result of this special town election; and that I have not been convicted
 of bribery or any infamous crime, or, if so convicted, that I have  been
 pardoned or restored to all the rights of a citizen, without restriction
 as  to  the right of suffrage, or received a certificate of [relief from
 disabilities or a certificate of good conduct] RESTORATION  pursuant  to
 article  twenty-three  of  the  correction law removing my disability to
 register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
     Date.............. Signature of Voter..................
   §  20.  Paragraph b of subdivision 5 of section 175-b of the town law,
 as amended by section 11 of part LL of chapter 56 of the laws  of  2010,
 is amended to read as follows:
   b.   On the reverse side of such envelope shall be printed the follow-
 ing statement:
                        STATEMENT OF ABSENTEE VOTER
   I do declare that I will have been a citizen of the United States  for
 thirty  days, and will be at least eighteen years of age, on the date of
 the district election; that I will have been a resident  of  this  state
 and  of  the district if any, shown on the reverse side of this envelope
 for thirty days next preceding the said election and that  I  am  or  on
 such  date  will be, a registered voter of said district; that I will be
 unable to appear personally on the day of said district election at  the
 polling  place of the said district in which I am or will be a qualified
 voter because of the reason stated on my application heretofore  submit-
 ted;  that  I have not qualified, or do I intend to vote, elsewhere than
 as set forth on the reverse side of  this  envelope;  that  I  have  not
 received or offered, do not expect to receive, have not paid, offered or
 promised  to  pay,  contributed,  offered  or  promised to contribute to
 another to be paid or used, any money or  other  valuable  thing,  as  a
 compensation  or  reward for the giving or withholding of a vote at this
 district election, and have not made any promise to influence the giving
 or withholding of any such votes; that I have not made or become direct-
 ly or indirectly interested in any  bet  or  wager  depending  upon  the
 result  of this district election; and that I have not been convicted of
 bribery or any infamous crime, or, if so convicted,  that  I  have  been
 pardoned or restored to all the rights of a citizen, without restriction
 as  to  the right of suffrage, or received a certificate of [relief from
 disabilities or a certificate of good conduct] RESTORATION  pursuant  to
 article  twenty-three  of  the  correction law removing my disability to
 register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.

 S. 7653                            12
 
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
   Date..............Signature of Voter..................
   §  21.  Paragraph b of subdivision 5 of section 213-b of the town law,
 as amended by section 12 of part LL of chapter 56 of the laws  of  2010,
 is amended to read as follows:
   b.   On the reverse side of such envelope shall be printed the follow-
 ing statement:
                         STATEMENT OF ABSENTEE VOTER
 
   I do declare that I will have been a citizen of the United States  for
 thirty  days, and will be at least eighteen years of age, on the date of
 the district election; that I will have been a resident  of  this  state
 and  of  the district if any, shown on the reverse side of this envelope
 for thirty days next preceding the said election and that  I  am  or  on
 such  date  will be, a registered voter of said district; that I will be
 unable to appear personally on the day of said district election at  the
 polling  place of the said district in which I am or will be a qualified
 voter because of the reason stated on my application heretofore  submit-
 ted;  that  I have not qualified, or do I intend to vote, elsewhere than
 as set forth on the reverse side of  this  envelope;  that  I  have  not
 received or offered, do not expect to receive, have not paid, offered or
 promised  to  pay,  contributed,  offered  or  promised to contribute to
 another to be paid or used, any money or  other  valuable  thing,  as  a
 compensation  or  reward for the giving or withholding of a vote at this
 district election, and have not made any promise to influence the giving
 or withholding of any such votes; that I have not made or become direct-
 ly or indirectly interested in any  bet  or  wager  depending  upon  the
 result  of this district election; and that I have not been convicted of
 bribery or any infamous crime, or, if so convicted,  that  I  have  been
 pardoned or restored to all the rights of a citizen, without restriction
 as  to  the right of suffrage, or received a certificate of [relief from
 disabilities or a certificate of good conduct] RESTORATION  pursuant  to
 article  twenty-three  of  the  correction law removing my disability to
 register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
      Date............. Signature of Voter ..............................
   §  22. Paragraph b of subdivision 5 of section 2018-a of the education
 law, as amended by section 8 of part LL of chapter 56  of  the  laws  of
 2010, is amended to read as follows:
   b. On the reverse side of such envelope shall be printed the following
 statement:
 
                        STATEMENT OF ABSENTEE VOTER
 
   I  do declare that I am a citizen of the United States, and will be at
 least eighteen years  of  age,  on  the  date  of  the  school  district
 election;  that  I  will  have  been a resident of this state and of the
 school district and school election  district,  if  any,  shown  on  the
 reverse  side  of  this envelope for thirty days next preceding the said
 election and duly registered in the school district and school  election

 S. 7653                            13
 
 district,  if any, shown on the reverse side of this envelope and that I
 am or on such date will be, a qualified voter of said  school  district;
 that  I  will  be  unable to appear personally on the day of said school
 district  election  at the polling place of the said district in which I
 am or will be a qualified voter because  of  the  reason  stated  on  my
 application  heretofore  submitted;  that  I have not qualified, or do I
 intend to vote, elsewhere than as set forth on the reverse side of  this
 envelope; that I have not received or offered, do not expect to receive,
 have not paid, offered or promised to pay, contributed, offered or prom-
 ised  to  contribute  to  another to be paid or used, any money or other
 valuable thing, as a compensation or reward for the giving or  withhold-
 ing  of  a  vote at this school district election, and have not made any
 promise to influence the giving or withholding of any such votes; that I
 have not made or become directly or indirectly interested in any bet  or
 wager  depending  upon  the result of this school district election; and
 that I have not been convicted of bribery or any infamous crime, or,  if
 so convicted, that I have been pardoned or restored to all the rights of
 a  citizen, without restriction as to the right of suffrage, or received
 a certificate of [relief from disabilities  or  a  certificate  of  good
 conduct]  RESTORATION pursuant to article twenty-three of the correction
 law removing my disability to register and vote OR MY  MAXIMUM  SENTENCE
 OF IMPRISONMENT HAS EXPIRED.
   I hereby declare that the foregoing is a true statement to the best of
 my  knowledge  and  belief, and I understand that if I make any material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
 
   Date.....................Signature of Voter ..........................
 
   § 23. Paragraph b of subdivision 6 of section 2018-b of the  education
 law,  as  amended  by  section 9 of part LL of chapter 56 of the laws of
 2010, is amended to read as follows:
   b. On the reverse side of such envelope shall be printed the following
 statement:
 
                        STATEMENT OF ABSENTEE VOTER

   I do declare that I am a citizen of the United States, and will be  at
 least eighteen years of age on the date of the school district election;
 that  I  will  have  been  a  resident  of  this state and of the school
 district and school election district, if any, shown on the reverse side
 of this envelope for thirty days next preceding the  said  election  and
 that  I  am  or  on  such date will be, a qualified voter of said school
 district; that I will be unable to appear personally on the day of  said
 school  district  election  at the polling place of the said district in
 which I am or will be a qualified voter because of the reason stated  on
 my  application heretofore submitted; that I have not qualified, or do I
 intend to vote, elsewhere than as set forth on the reverse side of  this
 envelope; that I have not received or offered, do not expect to receive,
 have not paid, offered or promised to pay, contributed, offered or prom-
 ised  to  contribute  to  another to be paid or used, any money or other
 valuable thing, as a compensation or reward for the giving or  withhold-
 ing  of  a  vote at this school district election, and have not made any
 promise to influence the giving or withholding of any such votes; that I
 have not made or become directly or indirectly interested in any bet  or
 wager  depending  upon  the result of this school district election; and

 S. 7653                            14
 
 that I have not been convicted of bribery or any infamous crime, or,  if
 so convicted, that I have been pardoned or restored to all the rights of
 a  citizen,  without  restriction  as  to the right of suffrage, or have
 received  a certificate of [relief from disabilities or a certificate of
 good conduct]  RESTORATION  pursuant  to  article  twenty-three  of  the
 correction  law removing my disability to vote OR MY MAXIMUM SENTENCE OF
 IMPRISONMENT HAS EXPIRED.
 
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
 
   Date....................Signature of Voter ...........................
 
   §  24.  Subdivision  2 of section 69-o of the general business law, as
 amended by chapter 575 of the laws  of  1993,  is  amended  to  read  as
 follows:
   2. After the filing of an applicant's fingerprint cards, the secretary
 of  state  shall  forward  such fingerprints to the division of criminal
 justice services to be compared with the fingerprints on file  with  the
 division  of criminal justice services in order to ascertain whether the
 applicant has been convicted  of  a  felony  involving  fraud,  bribery,
 perjury  or  theft  pursuant  to  article one hundred forty, one hundred
 fifty-five, one hundred  sixty,  one  hundred  sixty-five,  one  hundred
 seventy,  one hundred seventy-five, one hundred seventy-six, one hundred
 eighty, one hundred eighty-five, one hundred ninety, one  hundred  nine-
 ty-five, two hundred or two hundred ten of the penal law; or has a crim-
 inal  action which has been pending for such a felony for under one year
 without  a  final  disposition  unless  adjourned  in  contemplation  of
 dismissal;  provided,  however,  that  for the purposes of this article,
 none of the  following  shall  be  considered  criminal  convictions  or
 reported as such:
   (a)  A  conviction  which  has been vacated and replaced by a youthful
 offender finding pursuant to article seven hundred twenty of the  crimi-
 nal  procedure  law,  or  the  applicable provisions of law of any other
 jurisdiction; or
   (b) A conviction the records of which have  been  expunged  or  sealed
 pursuant  to  the  applicable provisions of the laws of this state or of
 any other jurisdiction; or
   (c) A conviction for which [a certificate of relief from  disabilities
 or] a certificate of [good conduct] RESTORATION has been issued pursuant
 to ARTICLE TWENTY-THREE OF the correction law.
   The division of criminal justice services shall retain the fingerprint
 cards  and  return  the  report of such convictions or pending cases, if
 any, to the secretary of state who shall retain them in  a  confidential
 file  for  no  more than one year, after which time such report shall be
 destroyed.
   The secretary of state shall deny the application  of  any  individual
 convicted  of a felony involving fraud, bribery, perjury or theft pursu-
 ant to article one hundred forty, one hundred  fifty-five,  one  hundred
 sixty,  one  hundred sixty-five, one hundred seventy, one hundred seven-
 ty-five, one hundred seventy-six, one hundred eighty, one hundred eight-
 y-five, one hundred ninety, one hundred ninety-five, two hundred or  two
 hundred  ten  of  the penal law; or has a criminal action which has been
 pending for such a felony for under one year without a final disposition

 S. 7653                            15
 
 unless adjourned in contemplation of dismissal; provided, however,  that
 for the purposes of this article, none of the following shall be consid-
 ered criminal convictions or reported as such:
   (i)  A  conviction  which  has been vacated and replaced by a youthful
 offender finding pursuant to article seven hundred twenty of the  crimi-
 nal  procedure  law,  or  the  applicable provisions of law of any other
 jurisdiction; or
   (ii) A conviction the records of which have been  expunged  or  sealed
 pursuant  to  the  applicable provisions of the laws of this state or of
 any other jurisdiction; or
   (iii) A conviction for which [a certificate of relief  from  disabili-
 ties  or]  a  certificate  of [good conduct] RESTORATION has been issued
 pursuant to ARTICLE TWENTY-THREE OF the correction law.
   § 25. Subdivision 1 of section 81 of  the  general  business  law,  as
 amended  by  section 14 of part LL of chapter 56 of the laws of 2010, is
 amended to read as follows:
   1. The holder of any license certificate issued pursuant to this arti-
 cle may employ to assist him in his work of private detective or  inves-
 tigator or bail enforcement agent as described in section seventy-one of
 this  article  and in the conduct of such business as many persons as he
 may deem necessary, and shall at all times  during  such  employment  be
 legally  responsible  for  the  good conduct in the business of each and
 every person so employed.
   No holder of any unexpired license certificate issued pursuant to this
 article shall knowingly employ in connection with his or its business in
 any capacity whatsoever, any person who has been convicted of  a  felony
 or  any of the offenses specified in subdivision two of section seventy-
 four of this article, and who has  not  subsequent  to  such  conviction
 received executive pardon therefor removing this disability, or received
 a  certificate  of  [relief  from  disabilities or a certificate of good
 conduct] RESTORATION pursuant to article twenty-three of the  correction
 law  to  remove  the  disability  under  this  section because of such a
 conviction, or any person  whose  private  detective  or  investigator's
 license  or  bail enforcement agent's license was revoked or application
 for such license was denied by the department of state or by the author-
 ities of any other state or territory because of conviction  of  any  of
 such  offenses.  Should  the  holder of an unexpired license certificate
 falsely state or represent that a person is or has been in  his  employ,
 such  false statement or misrepresentation shall be sufficient cause for
 the revocation of such license. Any person falsely stating or represent-
 ing that he is or has been a detective or employed by a detective agency
 or that he is or has been a bail enforcement agent or employed by a bail
 enforcement agency shall be guilty of a misdemeanor.
   § 26. Paragraph 5 of subdivision a of section 265.20 of the penal law,
 as amended by chapter 235 of the laws of 2007, is  amended  to  read  as
 follows:
   5.  Possession  of  a rifle or shotgun by a person other than a person
 who has been convicted of  a  class  A-I  felony  or  a  violent  felony
 offense, as defined in subdivision one of section 70.02 of this chapter,
 who  has  been  convicted  as  specified  in subdivision four of section
 265.01 OF THIS ARTICLE to whom a certificate of [good conduct]  RESTORA-
 TION  has  been issued [pursuant to section seven hundred three-b of the
 correction law].
   § 27. Section 751 of the correction law, as amended by chapter 284  of
 the laws of 2007, is amended to read as follows:

 S. 7653                            16
 
   §  751.  Applicability.  The provisions of this article shall apply to
 any application by any person for a license or employment at any  public
 or  private  employer,  who has previously been convicted of one or more
 criminal offenses in this state or in any other jurisdiction, and to any
 license or employment held by any person whose conviction of one or more
 criminal  offenses  in  this state or in any other jurisdiction preceded
 such employment or granting of  a  license,  except  where  a  mandatory
 forfeiture,  disability  or bar to employment is imposed by law, and has
 not been removed by an executive pardon,  certificate  of  [relief  from
 disabilities  or  certificate  of  good conduct] RESTORATION. Nothing in
 this article shall be construed to affect any right an employer may have
 with respect to an intentional misrepresentation in connection  with  an
 application  for employment made by a prospective employee or previously
 made by a current employee.
   § 28. Subdivision 2 of section 753 of the correction law, as added  by
 chapter 931 of the laws of 1976, is amended to read as follows:
   2.  In making a determination pursuant to section seven hundred fifty-
 two of this [chapter] ARTICLE, the public  agency  or  private  employer
 shall also give consideration to a certificate of [relief from disabili-
 ties  or a certificate of good conduct] RESTORATION issued to the appli-
 cant, which certificate shall create a presumption of rehabilitation  in
 regard to the offense or offenses specified therein.
   §  29.  The closing paragraph of section 79-a of the civil rights law,
 as amended by chapter 687 of the laws of 1973, is  amended  to  read  as
 follows:
   Nothing  in this section shall be deemed to preclude the issuance of a
 certificate of [good conduct] RESTORATION by  the  board  of  parole  OR
 SENTENCING  COURT  pursuant  to  law to a person who previously has been
 sentenced to imprisonment for life.
   § 30. Paragraph (a) of subdivision 1 of section 20-438 of the adminis-
 trative code of the city of New York is amended to read as follows:
   (a) Issuance of licenses to conduct games of chance.  If such  depart-
 ment shall determine that the applicant is duly qualified to be licensed
 to  conduct  games  of chance under this subchapter; that the members of
 the applicant designated in the application to conduct games  of  chance
 are  bona  fide  active members of the applicant and are persons of good
 moral character and have  never  been  convicted  of  a  crime,  or,  if
 convicted,  have  received  a  pardon or a certificate of [good conduct]
 RESTORATION; that such games are to be conducted in accordance with  the
 provisions of this subchapter and in accordance with the rules and regu-
 lations of the board and that the proceeds thereof are to be disposed of
 as provided by this subchapter; and if such department is satisfied that
 no  commission, salary, compensation, reward or recompense whatever will
 be paid or given to any  person  holding,  operating  or  conducting  or
 assisting in the holding, operation and conduct of any such games except
 as  in  this  subchapter  otherwise  provided; and that no prize will be
 given in excess of the sum or value of one hundred dollars in any single
 game and that the aggregate of all prizes given on one  occasion,  under
 said  license shall not exceed the sum or value of one thousand dollars,
 the department shall issue a license to the applicant for the conduct of
 games of chance upon payment of a license fee of twenty-five dollars for
 each license period.
   § 31. Paragraph (a) of subdivision 5 of section  2806  of  the  public
 health  law,  as  amended  by section 20 of part LL of chapter 56 of the
 laws of 2010, is amended to read as follows:

 S. 7653                            17
 
   (a) Except as provided in paragraphs (b) and (d) of this  subdivision,
 anything  contained  in this section or in a certificate of [relief from
 disabilities or a certificate of good conduct] RESTORATION issued pursu-
 ant to article twenty-three  of  the  correction  law  to  the  contrary
 notwithstanding,  a  hospital  operating certificate of a hospital under
 control of a controlling person as defined in paragraph (a) of  subdivi-
 sion  twelve  of  section twenty-eight hundred one-a of this article, or
 under control of any other entity, shall be revoked upon  a  finding  by
 the department that such controlling person or any individual, member of
 a  partnership  or  shareholder  of a corporation to whom or to which an
 operating certificate has been issued, has been convicted of a class  A,
 B or C felony, or a felony related in any way to any activity or program
 subject  to  the  regulations,  supervision,  or  administration  of the
 department or of the office of temporary and disability assistance or in
 violation of the public officers law in a court of  competent  jurisdic-
 tion  in  the state, or of a crime outside the state which, if committed
 within the state, would have been a class A, B or C felony or  a  felony
 related  in  any  way  to  any  activity or program subject to the regu-
 lations, supervision, or administration of  the  department  or  of  the
 office  of  temporary  and  disability assistance or in violation of the
 public officers law.
   § 32. Paragraph (a) of subdivision 1 and paragraph (a) of  subdivision
 2  of  section  509-c  of  the vehicle and traffic law, paragraph (a) of
 subdivision 1 as amended by section 25 and paragraph (a) of  subdivision
 2 as amended by section 26 of part LL of chapter 56 of the laws of 2010,
 are amended to read as follows:
   (a)  permanently,  if  that  person has been convicted of or forfeited
 bond or collateral which forfeiture order has not been  vacated  or  the
 subject  of  an  order  of remission upon a violation of section 130.30,
 130.35, 130.45, 130.50, 130.60, or  130.65  of  the  penal  law,  or  an
 offense  committed  under  a former section of the penal law which would
 constitute a violation of the aforesaid sections of the penal law or any
 offense committed  outside  of  this  state  which  would  constitute  a
 violation of the aforesaid sections of the penal law, provided, however,
 the provisions of this paragraph shall not apply to convictions, suspen-
 sions  or revocations or forfeitures of bonds for collateral upon any of
 the charges listed in this paragraph for violations which occurred prior
 to September first, nineteen hundred seventy-four committed by a  person
 employed  as  a bus driver on September first, nineteen hundred seventy-
 four. However, such disqualification may be waived  provided  that  five
 years have expired since the applicant was discharged or released from a
 sentence  of  imprisonment  imposed pursuant to conviction of an offense
 that requires disqualification under this paragraph and that the  appli-
 cant  shall have been granted a certificate of [relief from disabilities
 or a certificate of good conduct] RESTORATION pursuant to article  twen-
 ty-three of the correction law.
   (a)  permanently,  if  that  person has been convicted of or forfeited
 bond or collateral which forfeiture order has not been  vacated  or  the
 subject  of  an  order  of remission upon a violation committed prior to
 September fifteenth, nineteen hundred eighty-five,  of  section  130.30,
 130.35,  130.45,  130.50,  130.60,  or  130.65  of  the penal law, or an
 offense committed under a former section of the penal  law  which  would
 constitute a violation of the aforesaid sections of the penal law or any
 offense  committed  outside  of  this  state  which  would  constitute a
 violation of the aforesaid sections of  the  penal  law.  However,  such
 disqualification  may  be  waived  provided that five years have expired

 S. 7653                            18
 
 since the applicant was discharged or released from a sentence of impri-
 sonment imposed pursuant to  conviction  of  an  offense  that  requires
 disqualification  under this paragraph and that the applicant shall have
 been granted a certificate of [relief from disabilities or a certificate
 of  good  conduct]  RESTORATION  pursuant to article twenty-three of the
 correction law.
   § 33. Paragraph (a) and subparagraph (i) of paragraph (b) of  subdivi-
 sion  1 and paragraphs (a) and (b) and subparagraph (i) of paragraph (c)
 of subdivision 2 of section 509-cc of the vehicle and  traffic  law,  as
 added  by  chapter  675 of the laws of 1985, subparagraphs (i), (ii) and
 (iii) of paragraph (a) and subparagraph (i) of paragraph (b) of subdivi-
 sion 1 as amended by section 27 and paragraphs (a) and (b) and  subpara-
 graph  (i) of paragraph (c) of subdivision 2 as amended by section 28 of
 part LL of chapter 56 of the laws  of  2010,  are  amended  to  read  as
 follows:
   (a) permanently, if that person
   (i)  has  been  convicted  of  or  forfeited  bond or collateral which
 forfeiture order has not been vacated or the  subject  of  an  order  of
 remission upon a violation committed prior to September fifteenth, nine-
 teen  hundred  eighty-five,  of  section 130.30, 130.35, 130.45, 130.50,
 130.60, or 130.65 of the penal law, or  an  offense  committed  under  a
 former  section  of  the penal law which would constitute a violation of
 the aforesaid sections of the penal law or any offense committed outside
 of this state which  would  constitute  a  violation  of  the  aforesaid
 sections  of  the  penal  law, provided, however, the provisions of this
 subparagraph shall not apply to convictions, suspensions or  revocations
 or forfeitures of bonds for collateral upon any of the charges listed in
 this  subparagraph  for  violations  which  occurred  prior to September
 first, nineteen hundred seventy-four committed by a person employed as a
 bus driver on September first, nineteen hundred  seventy-four.  However,
 such  disqualification  may  be  waived  provided  that  five years have
 expired since the applicant was discharged or released from  a  sentence
 of  imprisonment  imposed  pursuant  to  conviction  of  an offense that
 requires disqualification under this paragraph and  that  the  applicant
 shall  have been granted a certificate of [relief from disabilities or a
 certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
 three  of  the correction law. When the certificate is issued by a court
 for a conviction which occurred in this state, it shall only  be  issued
 by  the court having jurisdiction over such conviction. Such certificate
 shall specifically indicate that the authority granting such certificate
 has considered the bearing, if any, the criminal offense or offenses for
 which the person was convicted will have on the applicant's  fitness  or
 ability to operate a bus transporting school children to the applicant's
 prospective employment, prior to granting such a certificate; or
   (ii)  has  been  convicted  of  an  offense listed in paragraph (a) of
 subdivision four of this section that was committed on or after  Septem-
 ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
 tion  may  be  waived  by the commissioner provided that five years have
 expired since the applicant was discharged or released from  a  sentence
 of  imprisonment  imposed  pursuant  to  conviction  of  an offense that
 requires disqualification under this paragraph and  that  the  applicant
 shall  have been granted a certificate of [relief from disabilities or a
 certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
 three  of  the correction law. When the certificate is issued by a court
 for a conviction which occurred in this state, it shall only  be  issued
 by  the court having jurisdiction over such conviction. Such certificate

 S. 7653                            19
 
 shall specifically indicate that the authority granting such certificate
 has considered the bearing, if any, the criminal offense or offenses for
 which the person was convicted will have on the applicant's  fitness  or
 ability to operate a bus transporting school children, prior to granting
 such a certificate; or
   (iii)  has  been  convicted  of  an offense listed in paragraph (b) of
 subdivision four of this section that was committed on or after  Septem-
 ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
 tion  shall  be  waived  provided that five years have expired since the
 applicant discharged or released from a sentence of imprisonment imposed
 pursuant to conviction of  an  offense  that  requires  disqualification
 under  this  paragraph  and that the applicant shall have been granted a
 certificate of [relief  from  disabilities  or  a  certificate  of  good
 conduct]  RESTORATION pursuant to article twenty-three of the correction
 law.  When the certificate is issued by a court for a  conviction  which
 occurred  in  this  state,  it  shall only be issued by the court having
 jurisdiction over such conviction. Such certificate  shall  specifically
 indicate that the authority granting such certificate has considered the
 bearing,  if  any, the criminal offense or offenses for which the person
 was convicted will have on the applicant's fitness or ability to operate
 a bus transporting school children, prior to  granting  such  a  certif-
 icate.  Provided,  however,  that at the discretion of the commissioner,
 the certificate of relief from disabilities may remove  disqualification
 at any time; or
   (i)  has  been convicted within the preceding five years of an offense
 listed in paragraph (c) of subdivision four of  this  section  that  was
 committed on or after September fifteenth, nineteen hundred eighty-five.
 However,  such disqualification shall be waived provided that the appli-
 cant has been granted a certificate of [relief from  disabilities  or  a
 certificate  of  good  conduct]  RESTORATION pursuant to article twenty-
 three of the correction law. When the certificate is issued by  a  court
 for  a  conviction which occurred in this state, it shall only be issued
 by the court having jurisdiction over such conviction. Such  certificate
 shall specifically indicate that the authority granting such certificate
 has considered the bearing, if any, the criminal offense or offenses for
 which  the  person was convicted will have on the applicant's fitness or
 ability to operate a bus transporting school children, prior to granting
 such a certificate;
   (a) permanently, if that person has been convicted of an offense list-
 ed in paragraph (a) of subdivision four of this section.  However,  such
 disqualification  may  be  waived by the commissioner provided that five
 years have expired since the applicant was discharged or released from a
 sentence of imprisonment imposed pursuant to conviction  of  an  offense
 that  requires disqualification under this paragraph and that the appli-
 cant shall have been granted a certificate of [relief from  disabilities
 or  a certificate of good conduct] RESTORATION pursuant to article twen-
 ty-three of the correction law. When the  certificate  is  issued  by  a
 court  for  a  conviction which occurred in this state, it shall only be
 issued by the court  having  jurisdiction  over  such  conviction.  Such
 certificate shall specifically indicate that the authority granting such
 certificate  has considered the bearing, if any, the criminal offense or
 offenses for which the person was convicted will have on the applicant's
 fitness or ability to operate a bus transporting school children to  the
 applicant's  prospective  employment,  prior  to granting such a certif-
 icate.

 S. 7653                            20
 
   (b) permanently, if that person has been convicted of an offense list-
 ed in paragraph (b) of subdivision four of this section.  However,  such
 disqualification  shall  be waived provided that five years have expired
 since the applicant was incarcerated pursuant to a sentence of imprison-
 ment  imposed on conviction of an offense that requires disqualification
 under this paragraph and that the applicant shall have  been  granted  a
 certificate  of  [relief  from  disabilities  or  a  certificate of good
 conduct] RESTORATION pursuant to article twenty-three of the  correction
 law.    When the certificate is issued by a court for a conviction which
 occurred in this state, it shall only be  issued  by  the  court  having
 jurisdiction  over  such conviction. Such certificate shall specifically
 indicate that the authority granting such certificate has considered the
 bearing, if any, the criminal offense or offenses for which  the  person
 was convicted will have on the applicant's fitness or ability to operate
 a  bus  transporting  school  children, prior to granting such a certif-
 icate. Provided, however, that at the discretion of the commissioner the
 certificate of [relief  from  disabilities  or  a  certificate  of  good
 conduct]  RESTORATION pursuant to article twenty-three of the correction
 law may remove disqualification at any time.
   (i) has been convicted within the preceding five years of  an  offense
 listed  in  paragraph  (c) of subdivision four of this section. However,
 notwithstanding the provisions of subdivision  three  of  section  seven
 hundred  one  of the correction law[. Such], SUCH disqualification shall
 be waived provided that the applicant has been granted a certificate  of
 [relief  from disabilities or a certificate of good conduct] RESTORATION
 pursuant to article twenty-three of the correction law. When the certif-
 icate is issued by a court for  a  conviction  which  occurred  in  this
 state,  it  shall  only  be issued by the court having jurisdiction over
 such conviction. Such certificate shall specifically indicate  that  the
 authority  granting such certificate has considered the bearing, if any,
 the criminal offense or offenses for which the person was convicted will
 have on the applicant's fitness or ability to operate a bus transporting
 school children, prior to granting such a certificate.
   § 34. Subparagraph (iii) of paragraph d of subdivision  6  of  section
 510  of the vehicle and traffic law, as amended by section 29 of part LL
 of chapter 56 of the laws of 2010, is amended to read as follows:
   (iii) after such documentation, if required, is  accepted,  that  such
 person  is  granted  a  certificate  of  [relief  from disabilities or a
 certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
 three  of  the correction law by the court in which such person was last
 penalized.
   § 35. Subparagraph (iii) of paragraph (c) of subdivision 2 of  section
 510-a  of  the vehicle and traffic law, as amended by section 30 of part
 LL of chapter 56 of the laws of 2010, is amended to read as follows:
   (iii) after such documentation, if required, is  accepted,  that  such
 person  is  granted  a  certificate  of  [relief  from disabilities or a
 certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
 three  of  the correction law by the court in which such person was last
 penalized.
   § 36. Subdivision 5 of section 530 of the vehicle and traffic law,  as
 amended  by  section 31 of part LL of chapter 56 of the laws of 2010, is
 amended to read as follows:
   (5) A restricted use license or privilege shall be valid for the oper-
 ation of any motor vehicle, except a vehicle  for  hire  as  a  taxicab,
 livery,  coach, limousine, van or wheelchair accessible van or tow truck
 as defined in this chapter subject to the conditions set  forth  herein,

 S. 7653                            21
 
 which  the holder would otherwise be entitled to operate had his drivers
 license or privilege not  been  suspended  or  revoked.  Notwithstanding
 anything  to  the contrary in a certificate of [relief from disabilities
 or a certificate of good conduct] RESTORATION issued pursuant to article
 twenty-three  of  the correction law, a restricted use license shall not
 be valid for the operation of a commercial motor vehicle.  A  restricted
 use  license  shall not be valid for the operation of a vehicle for hire
 as a taxicab, livery, coach, limousine, van or wheelchair accessible van
 or tow truck where the holder thereof had his  or  her  drivers  license
 suspended  or revoked and (i) such suspension or revocation is mandatory
 pursuant to the provisions of subdivision two or two-a of  section  five
 hundred ten of this title; or (ii) any such suspension is permissive for
 habitual  or  persistent  violations  of  this  chapter or any local law
 relating to traffic as set forth in paragraph  d  or  i  of  subdivision
 three  of  section  five  hundred  ten  of this title; or (iii) any such
 suspension is permissive and has been imposed by a  magistrate,  justice
 or  judge  of  any city, town or village, any supreme court justice, any
 county judge, or judge of a district  court.  Except  for  a  commercial
 motor  vehicle  as  defined  in subdivision four of section five hundred
 one-a of this title, the restrictions on types of vehicles which may  be
 operated  with  a restricted license contained in this subdivision shall
 not be applicable to a restricted  license  issued  to  a  person  whose
 license  has  been  suspended pursuant to paragraph three of subdivision
 four-e of section five hundred ten of this title.
   § 37. Item (ii) of clause (b) of subparagraph 12 of paragraph  (b)  of
 subdivision 2 of section 1193 of the vehicle and traffic law, as amended
 by  section  32 of part LL of chapter 56 of the laws of 2010, is amended
 to read as follows:
   (ii) that such person is granted a certificate of [relief  from  disa-
 bilities or a certificate of good conduct] RESTORATION pursuant to arti-
 cle twenty-three of the correction law.
   Provided, however, that the commissioner may, on a case by case basis,
 refuse  to  restore a license which otherwise would be restored pursuant
 to this item, in the interest of the public safety and welfare.
   § 38. Item (iii) of clause (e) of subparagraph 12 of paragraph (b)  of
 subdivision 2 of section 1193 of the vehicle and traffic law, as amended
 by  section  33 of part LL of chapter 56 of the laws of 2010, is amended
 to read as follows:
   (iii) after such documentation is accepted, that such person is grant-
 ed a certificate of [relief from disabilities or a certificate  of  good
 conduct]  RESTORATION pursuant to article twenty-three of the correction
 law.
   § 39. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
 of the vehicle and traffic law, as amended by section 34 of part  LL  of
 chapter 56 of the laws of 2010, is amended to read as follows:
   (1)  Notwithstanding  anything  to the contrary contained in a certif-
 icate of [relief from disabilities or a  certificate  of  good  conduct]
 RESTORATION  issued  pursuant  to article twenty-three of the correction
 law, where a suspension or revocation, other than a revocation  required
 to be issued by the commissioner, is mandatory pursuant to paragraph (a)
 or (b) of this subdivision, the magistrate, justice or judge shall issue
 an  order  suspending  or revoking such license upon sentencing, and the
 license holder shall surrender such license  to  the  court.  Except  as
 hereinafter  provided,  such  suspension or revocation shall take effect
 immediately.

 S. 7653                            22
 
   § 40. Item (iii) of clause a of subparagraph 3  of  paragraph  (e)  of
 subdivision 2 of section 1193 of the vehicle and traffic law, as amended
 by  section  35 of part LL of chapter 56 of the laws of 2010, is amended
 to read as follows:
   (iii) after such documentation is accepted, that such person is grant-
 ed  a  certificate of [relief from disabilities or a certificate of good
 conduct] RESTORATION pursuant to article twenty-three of the  correction
 law.
   §  41.  Item  (iii)  of clause c of subparagraph 1 of paragraph (d) of
 subdivision 2 of section 1194 of the vehicle and traffic law, as amended
 by section 37 of part LL of chapter 56 of the laws of 2010,  is  amended
 to read as follows:
   (iii) after such documentation is accepted, that such person is grant-
 ed  a  certificate of [relief from disabilities or a certificate of good
 conduct] RESTORATION pursuant to article twenty-three of the  correction
 law by the court in which such person was last penalized.
   §  42.  Paragraph  (g) of subdivision 7 of section 1196 of the vehicle
 and traffic law, as amended by section 38 of part LL of  chapter  56  of
 the laws of 2010, is amended to read as follows:
   (g)  Notwithstanding  anything  to the contrary contained in a certif-
 icate of [relief from disabilities or a  certificate  of  good  conduct]
 RESTORATION  issued  pursuant  to article twenty-three of the correction
 law, any conditional license or privilege issued to a  person  convicted
 of  a  violation of any subdivision of section eleven hundred ninety-two
 of this article shall not be valid for the operation of  any  commercial
 motor  vehicle.  In  addition,  no such conditional license or privilege
 shall be valid for the operation of a taxicab as defined in  this  chap-
 ter.
   §  43. Whenever the term "certificate of good conduct" or "certificate
 of relief from disabilities" or any  equivalent  expression  thereof  is
 used  in  any provision of law, either such term shall be deemed to mean
 and refer to a certificate of restoration as established in this act.
   § 44. Any certificate of relief from disabilities  or  certificate  of
 good  conduct  issued  prior  to the effective date of this act shall be
 deemed the equivalent of a certificate of restoration and  shall  remain
 in  full  force  and effect on and after the effective date of this act.
 Nothing in this act shall be read to invalidate a certificate of  relief
 from  disabilities  or a certificate of good conduct issued prior to the
 effective date of this act.
   § 45. This act shall take effect on the ninetieth day after  it  shall
 have  become  a  law,  provided  that the amendments to subdivision 5 of
 section 530 of the vehicle and traffic law made by section thirty-six of
 this act shall not affect the expiration of such subdivision  and  shall
 be deemed to expire therewith.