New York S 7174: Relates to prohibiting certain cannabis related advertisements
Status: REFERRED TO HEALTH (as of 2024-01-03)
State: New York · Session: 2023-2024 · Bill: S 7174
Sponsors: Jamaal Bailey, Joseph P. Addabbo Jr., Nathalia Fernandez
Bill Text
Bill Search and Legislative Information | New York State Assembly • • • • • • • • Skip to main content New York State Assembly Speaker Carl E. Heastie --> --> --> • Assembly Members • Legislative Info • Public Hearings • Speaker's Press • Assembly Reports • Committees & More • Bill Search Home • Laws • Legislative Calendar • Public Hearing Schedule • Assembly Calendars • Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: • Summary • Actions • Committee Votes • Floor Votes • Memo • Text • LFIN • Chamber Video/Transcript S07174 Summary: BILL NOS07174   SAME ASSAME AS A04238   SPONSORCLEARE   COSPNSRBAILEY, FERNANDEZ, JACKSON, MYRIE, PARKER, RAMOS, SALAZAR, SANDERS, SEPULVEDA   MLTSPNSR   Add §188, Cor L; amd §601, Tax L   Retroactively adjusts the compensation of formerly incarcerated individuals who were unjustly convicted; exempts such adjusted income from state income taxes. Go to top S07174 Actions: BILL NOS07174   04/03/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION 01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION Go to topS07174 Committee Votes: Go to topS07174 Floor Votes: There are no Assembly votes for this bill in this legislative session. Go to topS07174 Text: STATE OF NEW YORK ________________________________________________________________________ 7174 2025-2026 Regular Sessions IN SENATE April 3, 2025 ___________ Introduced by Sens. CLEARE, BAILEY, FERNANDEZ, JACKSON, MYRIE, PARKER, RAMOS, SALAZAR, SANDERS, 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 and the tax law, in relation to adjusting the earnings of formerly incarcerated individuals who were unjustly convicted The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The correction law is amended by adding a new section 188 2 to read as follows: 3 § 188. Adjustment of earnings of incarcerated individuals; unjust 4 conviction. 1. (a) Any incarcerated individual who is employed pursuant 5 to the provisions of this article shall be entitled to a retroactive 6 adjustment in their rate of compensation where such incarcerated indi- 7 vidual is subsequently (i) pardoned upon the grounds of innocence of the 8 crime or crimes for which such incarcerated individual was sentenced and 9 which are the grounds for the fine, restitution or reparation; or (ii) 10 such incarcerated individual's judgment of conviction was reversed or 11 vacated, and the accusatory instrument dismissed or, if a new trial was 12 ordered, either such incarcerated individual was found not guilty at the 13 new trial or such defendant was not retried and the accusatory instru- 14 ment dismissed; provided that the judgment of conviction was reversed or 15 vacated, and the accusatory instrument was dismissed, on any of the 16 following grounds: (1) paragraph (a), (b), (c), (e) or (g) of subdivi- 17 sion one of section 440.10 of the criminal procedure law; or (2) subdi- 18 vision one (where based upon grounds set forth in clause one of this 19 subparagraph), two, three (where the count dismissed was the sole basis 20 for the imprisonment complained of) or five of section 470.20 of the 21 criminal procedure law; or (3) comparable provisions of the former code 22 of criminal procedure or subsequent law; or (4) the statute, or applica- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04092-01-5 S. 7174 2 1 tion thereof, on which the accusatory instrument was based violated the 2 constitution of the United States or the state of New York. 3 (b) Such compensation adjustment shall be the greater of: 4 (i) the current minimum wage of the state; 5 (ii) the current wage or industry standard wage of the trade or indus- 6 try that such incarcerated individual was actively employed in or 7 trained/certified to work in; or 8 (iii) the wage equivalent of the incarcerated individual's salary at 9 the time of conviction. 10 2. Within ninety days following the notice of adjudication for such 11 pardon, reversal or vacation pursuant to subparagraphs (i) and (ii) of 12 paragraph (a) of subdivision one of this section, the department shall 13 notify such formerly incarcerated individual of their right to receive a 14 compensation adjustment pursuant to the provisions of this section. 15 3. Within ninety days of providing notice pursuant to subdivision two 16 of this section, the department shall remit to such formerly incarcerat- 17 ed individual any moneys owed as adjusted compensation as well as an 18 accounting, including the method of accounting, for all such moneys. 19 4. Notwithstanding any
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