Bill Text: NY A05357 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 5357 (Prior Session Legislation)

Introduced

Bill Title: Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-02-02 - advanced to third reading cal.325 [A05357 Detail]

Download: New_York-2011-A05357-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5357
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 16, 2011
                                      ___________
       Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. HEVESI --
         read once and referred to the Committee on Correction
       AN  ACT  to  amend  the correction law, in relation to the definition of
         "direct  relationship"  for  the  purposes  of  article  23-A  of  the
         correction  law  regarding  the  licensure  and  employment of persons
         previously convicted of one or more criminal offenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  3  of  section 750 of the correction law, as
    2  amended by chapter 284 of the laws  of  2007,  is  amended  to  read  as
    3  follows:
    4    (3) "Direct relationship" means that THERE IS A SUBSTANTIAL CONNECTION
    5  BETWEEN  the nature of [criminal conduct] THE CRIME for which the person
    6  was convicted [has a direct bearing on his fitness or ability to perform
    7  one or more of] AND the duties or responsibilities  necessarily  related
    8  to  the  license,  opportunity,  or  job in question AND SUCH CONNECTION
    9  WOULD CREATE AN UNREASONABLE RISK  TO  PROPERTY  OR  TO  THE  SAFETY  OR
   10  WELFARE  OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC UPON THE ISSUANCE
   11  OR CONTINUATION OF A LICENSE OR THE GRANTING OR CONTINUATION OF  EMPLOY-
   12  MENT OF SUCH PERSON.
   13    S  2.  Section 752 of the correction law, as amended by chapter 284 of
   14  the laws of 2007, is amended to read as follows:
   15    S 752. Unfair discrimination against persons previously  convicted  of
   16  one  or  more  criminal  offenses  prohibited.    No application for any
   17  license or employment, and no employment or license held by an  individ-
   18  ual,  to  which  the provisions of this article are applicable, shall be
   19  denied or acted upon adversely by reason of the individual's having been
   20  previously convicted of one or more criminal offenses, or by reason of a
   21  finding of lack of "good moral character" when  such  finding  is  based
   22  upon  the  fact that the individual has previously been convicted of one
   23  or more criminal offenses, unless[:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04690-01-1
       A. 5357                             2
    1    (1)] there is a direct relationship, AS SUCH TERM IS DEFINED IN SUBDI-
    2  VISION THREE OF SECTION SEVEN HUNDRED FIFTY OF THIS ARTICLE, between one
    3  or more of the previous criminal offenses and the  specific  license  or
    4  employment sought or held by the individual[; or
    5    (2)  the  issuance  or  continuation of the license or the granting or
    6  continuation of the employment would involve  an  unreasonable  risk  to
    7  property  or  to  the  safety  or welfare of specific individuals or the
    8  general public].
    9    S 3. This act shall take effect on the ninetieth day  after  it  shall
   10  have become a law.