§ 2. Section 245. 11 of the penal law, as added by chapter nine hundred sixty-two of the laws of nineteen hundred seventy-one, the opening paragraph as amended by chapter eight hundred fourteen of the laws of nineteen hundred seventy-two, is amended to read as follows: § 245. 11 Public display of offensive sexual material. or per A person is guilty of public display of offensive sexual material when, with knowledge of its character and content, he displays mits to be displayed in or on any window, showcase, newsstand, display rack, wall, door, billboard, display board, viewing screen, moving picture screen, marquee or similar place, in such manner that the display is easily visible from or in any public street, sidewalk or thoroughfare [or]; transportation facility[,]; or any place accessible to members of the public without fee or other limit or condition of admission such as a minimum age requirement, and including but not limited to schools, places of amusement, parks and playgrounds but excluding rooms or apartments designed for actual residence; any pictorial, threedimensional or other visual representation of a person or a portion of the human body that predominantly appeals to prurient interest in sex, and that: (a) depicts nudity, or actual or simulated sexual conduct or sadomasochistic abuse; or (b) depicts or appears to depict nudity, or actual or simulated sexual conduct or sado-masochistic abuse, with the area of the male or female subject's unclothed or apparently unclothed genitals, pubic area or buttocks, or of the female subject's unclothed or apparently unclothed breast, obscured by a covering or mark placed or printed on or in front of the material displayed, or obscured or altered in any other manner. Public display of offensive sexual material is a Class A misdemeanor. § 3. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 232 AN ACT to amend the education law, in relation to procedures with respect to tenure Became a law June 18, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: AN of Section 1. The opening paragraph of section three thousand thirty-one of the education law, as amended by chapter four hundred forty-two the laws of nineteen hundred eighty, is amended to read as follows: Notwithstanding any other provision of this chapter [and except in cities having a population of one million or more]: § 2. This act shall take effect immediately. CHAPTER 233 ACT to amend the criminal procedure law, the correction law and the penal law, in relation to requiring an incarcerated defendant to make payment of a fine, restitution or reparation Became a law June 18, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision five of section 420. 10 of the criminal procedure law, as amended by chapter two hundred ninety of the laws of nineteen hundred eighty, and as renumbered by chapter three hundred thirty-five of the laws of nineteen hundred eighty-four, is amended to read as follows: 5. Application for resentence. In any case where the defendant is unable to pay a fine, restitution or reparation imposed by the court, he may at any time apply to the court for resentence. In such case, if the court is satisfied that the defendant is unable to pay the fine, restitution or reparation it must: (a) Adjust the terms of payment; or (b) Lower the amount of the fine, restitution or reparation; or Where the sentence consists of probation or imprisonment and a fine, restitution or reparation, revoke the portion of the sentence imposing the fine, restitution or reparation; or (d) Revoke the entire sentence imposed and resentence the defendant. Upon such resentence the court may impose any sentence it originally could have imposed, except that the amount of any fine, restitution or reparation imposed may not be in excess of the amount the defendant able to pay. is In any case where the defendant applies for resentencing with respect to any condition of the sentence relating to restitution or reparation the court must order that notice of such application and a reasonable opportunity to be heard be given to the person or persons given notice pursuant to subdivision one of this section. For the purposes of this subdivision, the court shall not determine that the defendant is unable to pay the fine, restitution or reparation ordered solely because of such defendant's incarceration but shall consider all the defendant's sources of income including, but not limited to, moneys in the possession of an inmate at the time of his admission into such facility, funds earned by him in a work release program as defined in subdivision four of section one hundred fifty of the correction law, funds earned by him as provided for in section one hundred eighty-seven of the correction law and any other funds received by him or on his behalf and deposited with the superintendent or the municipal official of the facility where the person is confined. § 2. Subdivisions six and seven of section 420. 10 of such law, as added by chapter nine hundred sixty-five of the laws of nineteen hundred eighty-four are renumbered subdivisions, seven and eight. Subdivision six of section 420. 10 of such law, as amended by chapter two hundred ninety of the laws of nineteen hundred eighty and as renumbered by chapter three hundred thirty-five of the laws of nineteen hundred eighty-four, is amended to read as follows: 6. Civil proceeding for collection. A fine, restitution or reparation imposed or directed by the court shall be imposed or directed by a written order of the court containing the amount thereof required to be paid by the defendant. The court's order also shall direct the district attorney to file a certified copy of such order with the county clerk of the county in which the court is situate except where the court which issues such order is the supreme court in which case the order itself shall be filed by the clerk of the court acting in his or her capacity as the county clerk of the county in which the court is situate. Such order shall be entered by the county clerk in the same manner as a judgment in a civil action in accordance with subdivision_(a) of rule five thousand sixteen of the civil practice law and_rules. Even though the defendant was imprisoned for failure to pay [a] such fine, restitution or reparation, or has served the period of imprisonment imposed, [a fine, restitution or reparation] such order after entry thereof pursuant to this subdivision_may be collected in the same manner as a judgment in a civil action. The entered order shall be deemed to constitute a judgment-roll as defined in section five thousand seventeen of the civil practice law and rules and immediately after entry of the order, the county clerk shall docket the entered order as a money judgment pursuant to section five thousand eighteen of such law and rules. Wherever appropriate, the district attorney shall file a transcript of the docket of the judgment with the clerk of any other county of the state. The district attorney may, in his discretion, and must, upon order of the court, institute proceedings to collect such fine, restitution or reparation. 4. Subdivision one of section 420. 10 of such law, as amended by chapter nine hundred sixty-five of the laws of nineteen hundred eightyfour, is amended to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [] is old law 1. Alternative methods of payment. When the court imposes a fine upon an individual, it shall designate the official other than the district attorney to whom payment is to be remitted. When the court imposes restitution or reparation and requires that the defendant pay a designated surcharge thereon pursuant to the provisions of subdivision [seven] eight of section 60.27 of the penal law, it shall designate the official or organization other than the district attorney, selected pursuant to subdivision [seven] eight of this section, to whom to be remitted. The court may direct: payment is (a) That the defendant pay the entire amount at the time sentence is pronounced; or (b) That the defendant pay the entire amount at some later date; or (c) That the defendant pay a specified portion at designated periodic intervals; or (d) Where the defendant is sentenced to a period of probation as well as a fine, restitution or reparation and such designated surcharge, that payment of the fine, restitution or reparation and such designated surcharge be a condition of the sentence; or (e) When a court requires that restitution or reparation and such designated surcharge be made it must direct that notice be given to a person or persons to whom it is to be paid of the conditions under which it is to be remitted; the name and address of the public official or organization to whom it is to be remitted for payment and the amount thereof; and the availability of civil proceedings for collection under subdivision [five] six of this section. An official or organization designated to receive payment under this subdivision must report to the court any failure to comply with the order and shall cooperate with the district attorney pursuant to his responsibilities under subdivision [five] six of this section; or (f) Where cash bail has been posted by the defendant as the principal and is not forfeited or assigned, the court at its discretion may order that bail to be applied toward payment of the fine, restitution or reparation. § 5. Paragraph (a) of subdivision eight of section 420. 10 of such law, as added by chapter nine hundred sixty-five of the laws of nineteen hundred eighty-four and such subdivision as renumbered by section two of this act, is amended to read as follows: (a) The chief elected official in each county, and in the city of New York the mayor, shall designate an official or organization other than the district attorney to be responsible for the collection and administration of restitution and reparation payments under provisions of the penal law and this chapter; provided, however, that where the state division of probation provides for and delivers probation services pursuant to the provisions of section two hundred forty of the executive law the state division of probation shall have the first option of designating such agency as the restitution agency for such county. This official or organization shall be eligible for the designated surcharge provided for by subdivision [seven] eight of section 60.27 of the penal law. 4. Payment of any court ordered restitution or reparation to the victim of the inmate's crime. § 6. Subdivision four of section eight hundred sixty of the correction law is renumbered subdivision five and a new subdivision four is added to read as follows: § 7. Subdivision seven of section 60.27 of the penal law, as added by chapter nine hundred sixty-five of the laws of nineteen hundred eightyfour, is renumbered subdivision eight and as so renumbered is amended to read as follows: 8. The court shall in all cases where restitution or reparation is imposed direct as part of the [sentence imposed upon a person convicted of an offense] disposition that the defendant pay a designated surcharge of five percent of the entire amount of a restitution or reparation payment to the official or organization designated pursuant to subdivision [seven] eight of section 420. 10 of the criminal procedure law. designated surcharge shall not exceed five percent of the amount actually collected. The 8. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 234 AN ACT to amend the public health law, in relation to controlling certain hazardous inhalants Became a law June 18, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section three thousand three hundred eighty of the public health law, as added by chapter eight hundred seventy-eight of the laws of nineteen hundred seventy-two, subdivision four as amended by chapter eight hundred eighty of the laws of nineteen hundred seventy-two, subdivision five as added and subdivision six as amended by chapter seven hundred seventy-one of the laws of nineteen hundred eighty-two, is amended to read as follows: § 3380. Inhalation of certain toxic vapors or fumes, and certain hazardous inhalants; sale of glue and hazardous inhalants in certain cases. 1. (a) As used in this section the phrase "glue containing a solvent having the property of releasing toxic vapors or fumes" shall mean and include any glue, cement, or other adhesive containing one or more of the following chemical compounds: acetone, cellulose acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, ethylene trichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, toluene or such other similar material as the commissioner shall by regulation prescribe. (b) As used in this section hazardous inhalants shall mean and include any of the preparations of compounds containing one or more of the chemical compounds; amyl nitrite, isoamyl nitrite, butyl nitrite, isobutyl nitrite, pentyl nitrite or any other akyl nitrite compound that is either designed to be used, or commonly used, as an inhalant. 2. No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any hazardous inhalants or from any glue containing a solvent having the property of releasing toxic vapors or fumes; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia or inhalant for medical or dental purposes. 3. No person shall, for the purpose of violating subdivision two, use, or possess for the purpose of so using, any hazardous inhalants or any glue containing a solvent having the property of releasing toxic vapors or fumes. 4. No person shall sell, or offer to sell, to any other person any tube or other container of any hazardous inhalants or glue containing a solvent having the property of releasing toxic vapors or fumes: (a) if he has knowledge that the product sold, or offered for sale, will be used for the purpose set forth in subdivision two of this section; or (b) unless there has been added to such glue a sufficient quantity of an additive, approved by the commission, which shall act as a deterrent to inhalation, and not be harmful or toxic to the human body. This provision shall not apply to hazardous inhalants or glue manufactured and sold for industrial use. 5. (a) No person shall use nitrous oxide for purposes of causing intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system of himself or another. (b) No person shall sell any canister or other container of nitrous oxide to a person under the age of twenty-one years. (c) This subdivision shall not apply to the use of nitrous oxide in industrial, medical or dental applications, or to specific products which must use nitrous oxide as a propellant, as shall be determined by the commissioner pursuant to paragraph (d) of this subdivision. (d) The commissioner is directed to promulgate regulations to exempt specific products which must use nitrous oxide, or a mixture of nitrous oxide with other gases, as a propellant from the provisions of this chapter. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law 6. (a) Any person who violates any provision of subdivision two or three of this section shall be guilty of an offense and upon conviction thereof shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than five days, or by both such fine and imprisonment. (b) Any person who violates any provision of subdivision four or five of this section shall be guilty of a class A misdemeanor. § 2. This act shall take effect on the sixtieth day after it shall have become a law. CHAPTER 235 AN ACT to amend the state finance law, in relation to payment of emergency financial aid; and chapter three hundred ninety-six of the laws of nineteen hundred seventy-five, amending the state finance law relating to providing emergency, financial aid to certain cities, in relation to the duration of such aid Became a law June 18, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section fifty-four-c of the state finance law, as amended by chapter one hundred sixty-seven of the laws of nineteen hundred is to read eighty-four margenen financial aid to certain cities. 1. Upon certifica tion by the state board of equalization and assessment and in the manner provided by law state assistance shall be paid during the month of June, nineteen hundred [eighty-four] eighty-five and during the month of June, nineteen hundred [eighty-five] eighty-six to each city having a population of less than one million and more than one hundred twenty-five thousand, in an amount determined in accordance with the following formula: (a) The amount of aid shall be calculated by (i) determining the percentage which the assessed valuation of real property both wholly and partially exempt from taxation for general city non-school purposes only bears to the assessed valuation of real property taxable for such purpose on the latest assessment roll completed prior to January first, nineteen hundred seventy-five; (ii) applying such percentage to the as sessed valuation of real property taxable for general city non-school purposes on the latest assessment roll completed prior to January first of the calendar year preceding the year during which the aid is paid; (iii) applying to such amount the tax rate for general city non-school purposes for the same tax year of such city for which the assessment roll in (ii) above was completed, and for the payments during nineteen hundred [eighty-four] eighty-five and nineteen hundred [eighty-five] eighty-six only; (iv) applying to the result in (iii) above the ratio of the tax rate used in the payment during June nineteen hundred seventysix to the tax rate used in the payment due in June of the then current year. (b) Provided, however, that the total amount of any appropriation for such aid which may be less than the amounts otherwise required to be paid shall be distributed and paid among all such cities in amounts which are proportionate to the otherwise rightful entitlement to aid of such cities pursuant to this section. (c) Provided further that should the calculations in paragraphs (a) and (b) of this subdivision apportion less than three and one-half mil lion dollars minimum aid to one or more cities, such cities shall each receive such minimum aid and the remaining amount of the appropriation shall be distributed in proportion to the entitlement under paragraph (a), herein, exclusive of such cities. d) Provided further that the assessed valuations and tax rates as defined in paragraph (a) of subdivision one above shall be submitted by the state board of equalization and assessment to the respective city for official certification prior to its use in determining the amount of aid. 2. Upon certification by the state board of equalization and assessment and in the manner provided by law, two million dollars of state assistance shall be paid during the month of June, nineteen hundred |