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) 2019-06-13 - held for consideration in 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 Section 160.58 of the criminal procedure law is REPEALED.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.
                                                                   LBD08671-01-9

        A. 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.
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