Bill Text: NY A04718 | 2019-2020 | General Assembly | Introduced
Bill Title: Repeals provisions requiring the sealing of the conviction records of persons who have completed a judicial diversion program or a drug treatment alternative to prison.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A04718 Detail]
Download: New_York-2019-A04718-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4718 2019-2020 Regular Sessions IN ASSEMBLY February 5, 2019 ___________ Introduced by M. of A. MALLIOTAKIS -- read once and referred to the Committee on Codes AN ACT to amend the executive law, in relation to inquiries about certain sealed convictions; and to repeal section 160.58 of the crimi- nal procedure law relating to conditional sealing of certain controlled substances, marihuana or specified offense convictions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 160.58 of the criminal procedure law is REPEALED. 2 § 2. Subdivision 16 of section 296 of the executive law, as amended by 3 section 48-a of part WWW of chapter 59 of the laws of 2017, is amended 4 to read as follows: 5 16. It shall be an unlawful discriminatory practice, unless specif- 6 ically required or permitted by statute, for any person, agency, bureau, 7 corporation or association, including the state and any political subdi- 8 vision thereof, to make any inquiry about, whether in any form of appli- 9 cation or otherwise, or to act upon adversely to the individual 10 involved, any arrest or criminal accusation of such individual not then 11 pending against that individual which was followed by a termination of 12 that criminal action or proceeding in favor of such individual, as 13 defined in subdivision two of section 160.50 of the criminal procedure 14 law, or by a youthful offender adjudication, as defined in subdivision 15 one of section 720.35 of the criminal procedure law, or by a conviction 16 for a violation sealed pursuant to section 160.55 of the criminal proce- 17 dure law or by a conviction which is sealed pursuant to section 160.59 18 [or 160.58] of the criminal procedure law, in connection with the 19 licensing, employment or providing of credit or insurance to such indi- 20 vidual; provided, further, that no person shall be required to divulge 21 information pertaining to any arrest or criminal accusation of such 22 individual not then pending against that individual which was followed 23 by a termination of that criminal action or proceeding in favor of such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08671-01-9A. 4718 2 1 individual, as defined in subdivision two of section 160.50 of the crim- 2 inal procedure law, or by a youthful offender adjudication, as defined 3 in subdivision one of section 720.35 of the criminal procedure law, or 4 by a conviction for a violation sealed pursuant to section 160.55 of the 5 criminal procedure law, or by a conviction which is sealed pursuant to 6 section [160.58 or] 160.59 of the criminal procedure law. The provisions 7 of this subdivision shall not apply to the licensing activities of 8 governmental bodies in relation to the regulation of guns, firearms and 9 other deadly weapons or in relation to an application for employment as 10 a police officer or peace officer as those terms are defined in subdivi- 11 sions thirty-three and thirty-four of section 1.20 of the criminal 12 procedure law; provided further that the provisions of this subdivision 13 shall not apply to an application for employment or membership in any 14 law enforcement agency with respect to any arrest or criminal accusation 15 which was followed by a youthful offender adjudication, as defined in 16 subdivision one of section 720.35 of the criminal procedure law, or by a 17 conviction for a violation sealed pursuant to section 160.55 of the 18 criminal procedure law, or by a conviction which is sealed pursuant to 19 section [160.58 or] 160.59 of the criminal procedure law. 20 § 3. This act shall take effect on the sixtieth day after it shall 21 have become a law.