NY State Senate Bill 2025-S3239

Senate Bill S3239

2025-2026 Legislative Session

Relates to the creation of a department of corrections and community supervision identification form; and relates to the use of such form as proof of identity

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Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2025	referred to crime victims, crime and correction

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2025-S3239 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §2, add §81, Cor L; amd §§490 & 502, V & T L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5373
2023-2024: S768

2025-S3239 (ACTIVE) - Summary

Relates to the creation of a department of corrections and community supervision identification form; relates to the use of such form as proof of identity for individuals applying for a non-driver identification card or certain driver's licenses.

2025-S3239 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3239

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the correction law, in relation to the creation of a
department of corrections and community supervision identification form;
and to amend the vehicle and traffic law, in relation to the use of a
department of corrections and community supervision identification form
as proof of identity

 
PURPOSE:

To create a department of corrections identification form that will
contain: the individual's full name, individual's permanent address or
address that the individual intends to return to, individual's birth
date, any other information that the commissioner shall deem relevant or
necessary. This identification form and all other forms and/or documents
shall be delivered by the Department of Corrections and Community Super-
vision immediately upon the individual's release.  This identification
form will count for all of the necessary points needed to obtain a
permanent identification card from the Department of Motor Vehicles.

 
SUMMARY OF PROVISIONS:

The corrections law is amended by adding a new section, section 81.
Section 81 states that the Department of Corrections commissioner with
the cooperation with the commissioner of the Department of Motor Vehi-
cles will create a department of corrections identification form imme-
diately upon such individual's release which will contain the following:
such individual's full name, such individual's permanent address, such
individual's birth date, and any other information deemed relevant or
necessary by the commissioner. In Section 81 subsection 3 the amended
law states that a corrections facility shall deliver to each individual
all forms, paperwork, and/or other documents to be required by
subsection 1 of Section 81 immediately upon such individual's release.

Section 490 of the vehicle and traffic law is amended by adding a new
subdivision 2-a which mandates that the identification form pursuant to
section 81 shall constitute sufficient proof of identity for an individ-
ual submitting an application for an identification card pursuant to
this section, and the commissioner shall not require such individual to
provide any further proof of identification. Subparagraph (i) of para-
graph (a) of subdivision 3 of section 490 of the vehicle and traffic law
is amended so that an individual can provide either their social securi-
ty number or their department of corrections identification form pursu-
ant to section 81 of corrections law to obtain a nontransferable iden-
tification card.

Subdivision 1 of section 502 of the vehicle and traffic law is amended
so that an applicant for a drivers license may include a department of
corrections identification form issued pursuant to section 81 of the
correction law as proof of identification. Subdivision 1 of section 502
is further amended to state that in the case of an applicant using a
department of corrections identification form issued pursuant to section
81 of the correction law as proof of identity the commissioner shall not
require such applicant to provide any additional proof of identity.

 
JUSTIFICATION:
Paperwork that is required for the release of an incarcerated individual
is often lost and/or delayed in arrival by the department of
corrections. The lack of proper identification upon release from the
Department of Corrections means that an affected individual is unable to
obtain their permanent identification from the Department of Motor Vehi-
cles. Without proper identification reentry into society is nearly
impossible leading to the inability to apply for a job, open a bank
account, apply for social services and more. This bill will correct a
administrative oversight that leads to higher recidivism rates and will
give individuals leaving corrections facilities a true second chance.

 
LEGISLATIVE HISTORY:

2023-24: S.768

2021-22: S.5373, referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately after it becomes law.

2025-S3239 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3239
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced by Sens. COONEY, ADDABBO, BAILEY, FERNANDEZ, GALLIVAN, GONZA-
   LEZ,  HARCKHAM,  HELMING,  HINCHEY,  PALUMBO,  PARKER,  RAMOS, RHOADS,
   RIVERA, SALAZAR, SANDERS, SKOUFIS, WEBB  --  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, in relation to  the  creation  of  a
   department  of  corrections  and  community supervision identification
   form; and to amend the vehicle and traffic law, in relation to the use
   of a department of corrections and community  supervision  identifica-
   tion form as proof of identity
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 2 of the correction law is amended by adding a new
 subdivision 35 to read as follows:
   35. "IDENTIFICATION FORM" SHALL MEAN AND  REFER  TO  A  DEPARTMENT  OF
 CORRECTIONS  AND COMMUNITY SUPERVISION IDENTIFICATION FORM ISSUED PURSU-
 ANT TO THE PROVISIONS OF SECTION EIGHTY-ONE OF THIS CHAPTER.
   § 2.  The correction law is amended by adding a new section 81 to read
 as follows:
   § 81. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION  IDENTIFICA-
 TION FORM.  1. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF
 MOTOR  VEHICLES,  SHALL CREATE A DEPARTMENT OF CORRECTIONS AND COMMUNITY
 SUPERVISION IDENTIFICATION FORM, WHICH SHALL BE ISSUED TO EACH  INDIVID-
 UAL UPON SUCH INDIVIDUAL'S RELEASE FROM A CORRECTIONAL FACILITY.
   2. IDENTIFICATION FORMS ISSUED PURSUANT TO THIS SECTION SHALL CONTAIN,
 AT  A  MINIMUM,  THE  FOLLOWING INFORMATION ABOUT THE INDIVIDUAL TO WHOM
 SUCH IDENTIFICATION FORM IS ISSUED:
   (A) SUCH INDIVIDUAL'S FULL NAME;
   (B) SUCH INDIVIDUAL'S PERMANENT ADDRESS,  IF  SUCH  INDIVIDUAL  HAS  A
 PERMANENT ADDRESS THAT THEY INTEND TO RETURN TO;
   (C) SUCH INDIVIDUAL'S BIRTH DATE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00472-01-5

 S. 3239                             2
 
   (D)  ANY  OTHER  INFORMATION  THE  COMMISSIONER SHALL DEEM RELEVANT OR
 NECESSARY.
   3. A CORRECTIONAL FACILITY SHALL DELIVER TO EACH INDIVIDUAL ALL FORMS,
 PAPERWORK, AND/OR OTHER DOCUMENTS REQUIRED TO BE DELIVERED TO SUCH INDI-
 VIDUAL  IN  ADDITION  TO THE IDENTIFICATION FORM REQUIRED BY SUBDIVISION
 ONE OF THIS SECTION, IMMEDIATELY UPON SUCH INDIVIDUAL'S RELEASE.
   § 3.  Section 490 of the vehicle and traffic law is amended by  adding
 a new subdivision 2-a to read as follows:
   2-A.   A DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION IDENTIFI-
 CATION FORM ISSUED PURSUANT TO SECTION EIGHTY-ONE OF THE CORRECTION  LAW
 SHALL  CONSTITUTE SUFFICIENT PROOF OF IDENTITY FOR AN INDIVIDUAL SUBMIT-
 TING AN APPLICATION FOR AN IDENTIFICATION CARD PURSUANT TO THIS SECTION,
 AND THE COMMISSIONER SHALL NOT REQUIRE SUCH INDIVIDUAL  TO  PROVIDE  ANY
 FURTHER PROOF OF IDENTIFICATION.
   § 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490
 of the vehicle and traffic law, as amended by chapter 487 of the laws of
 2012, is amended to read as follows:
   (i)  The commissioner shall upon submission of an appropriate applica-
 tion, upon payment of the prescribed fee, and upon being satisfied  that
 the  person described is the applicant and that such applicant meets the
 requirements set forth in subdivision two of this section, issue to such
 applicant a nontransferable  identification  card.    In  addition,  the
 commissioner  also shall require that an applicant for an identification
 card or renewal thereof provide [his or her] A social  security  number,
 OR  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION IDENTIFICATION
 FORM ISSUED PURSUANT TO SECTION EIGHTY-ONE OF THE  CORRECTION  LAW.  The
 commissioner  shall  provide  space  so  that an applicant may request a
 notation upon such identification card that [he or she]  SUCH  APPLICANT
 is a veteran of the United States armed forces.
   §  5.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 separately amended by chapters 158 and 440  of  the  laws  of  2021,  is
 amended to read as follows:
   1.  Application  for license. Application for a driver's license shall
 be made to the commissioner. The fee prescribed by law may be  submitted
 with such application. The applicant shall furnish such proof of identi-
 ty,  age,  and  fitness  as  may  be  required by the commissioner. With
 respect to a non-commercial driver's license or learner's  permit  which
 does  not  meet federal standards for identification, in addition to the
 acceptable proofs of age and identity approved by the commissioner as of
 January first, two thousand nineteen, acceptable proof of identity shall
 also include, but not be limited to, A  DEPARTMENT  OF  CORRECTIONS  AND
 COMMUNITY  SUPERVISION  IDENTIFICATION  FORM  ISSUED PURSUANT TO SECTION
 EIGHTY-ONE OF THE CORRECTION LAW, a valid,  unexpired  foreign  passport
 issued  by  the  applicant's country of citizenship (which shall also be
 eligible as proof of age), a valid,  unexpired  consular  identification
 document  issued by a consulate from the applicant's country of citizen-
 ship, or a valid foreign driver's license that includes a photo image of
 the applicant and which is unexpired or expired for  less  than  twenty-
 four  months  of its date of expiration, as primary forms of such proof.
 Nothing contained in this subdivision shall be deemed  to  preclude  the
 commissioner  from  approving  additional proofs of identity and age. IN
 THE CASE OF AN APPLICANT USING A DEPARTMENT OF CORRECTIONS AND COMMUNITY
 SUPERVISION IDENTIFICATION FORM ISSUED PURSUANT TO SECTION EIGHTY-ONE OF
 THE CORRECTION LAW AS PROOF OF  IDENTITY,  THE  COMMISSIONER  SHALL  NOT
 REQUIRE  SUCH APPLICANT TO PROVIDE ANY ADDITIONAL PROOF OF IDENTITY. The
 license shall display the sex designation of M, F, or X as certified  by
 S. 3239                             3
 
 the  applicant, with no additional documentation required. The applicant
 may amend the sex designation of their driver's  license  upon  request.
 Upon amendment of the sex designation, the change shall be made consist-
 ent through all affiliated records within the control of the department.
 The  commissioner  may also provide that the application procedure shall
 include the taking of a photo  image  or  images  of  the  applicant  in
 accordance with rules and regulations prescribed by the commissioner. In
 addition, the commissioner also shall require that the applicant provide
 such  applicant's  social  security  number  or,  in  lieu thereof, with
 respect to an application  for  a  non-commercial  driver's  license  or
 learner's  permit  which does not meet federal standards for identifica-
 tion, an affidavit signed by such applicant  that  they  have  not  been
 issued  a  social  security  number. The commissioner also shall provide
 space on the application so that the applicant may  request  a  notation
 upon  such license that such applicant is a veteran of the United States
 armed forces, and space on the application so  that  the  applicant  may
 request  a notation upon such license that [he or she] SUCH APPLICANT is
 a veteran of the United States armed forces, and space on  the  applica-
 tion  so that the applicant may register in the New York state organ and
 tissue donor registry under  section  forty-three  hundred  ten  of  the
 public  health law with the following stated on the application in clear
 and conspicuous type:
   "You must fill out the following section: Would you like to  be  added
 to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
 tion'."
   The commissioner of health shall not maintain records  of  any  person
 who checks "skip this question". Except where the application is made in
 person  or  electronically,  failure to check a box shall not impair the
 validity of an application, and failure to check "yes" or checking "skip
 this question" shall not be construed to imply a wish not to donate.  In
 the  case  of  an  applicant under eighteen years of age, checking "yes"
 shall not constitute consent to make an anatomical gift or  registration
 in  the  donate  life registry, except as otherwise provided pursuant to
 the provisions of paragraph (b) of subdivision  one  of  section  forty-
 three  hundred  one  of  the  public  health law. Where an applicant has
 previously consented to make an anatomical gift  or  registered  in  the
 donate  life registry, checking "skip this question" or failing to check
 a box shall not impair that consent or  registration.  In  addition,  an
 applicant  for  a commercial driver's license who will operate a commer-
 cial motor vehicle in interstate commerce shall certify that such appli-
 cant meets the requirements to operate a commercial  motor  vehicle,  as
 set  forth  in public law 99-570, title XII, and title 49 of the code of
 federal regulations, and  all  regulations  promulgated  by  the  United
 States  secretary of transportation under the hazardous materials trans-
 portation act. In addition,  an  applicant  for  a  commercial  driver's
 license shall submit a medical certificate at such intervals as required
 by  the  federal  motor  carrier safety improvement act of 1999 and Part
 383.71(h) of title 49 of the code of  federal  regulations  relating  to
 medical  certification  and  in a manner prescribed by the commissioner.
 For purposes of this section  and  sections  five  hundred  three,  five
 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
 certificate" and "medical certification" shall mean a form substantially
 in  compliance  with the form set forth in Part 391.43(h) of title 49 of
 the code of federal regulations. Upon a determination that the holder of
 a commercial driver's license has made any false statement, with respect
 S. 3239                             4

 to the application for such license, the commissioner shall revoke  such
 license.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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