Bill Text: NY A06045 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-01-08 - referred to correction [A06045 Detail]
Download: New_York-2019-A06045-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6045 2019-2020 Regular Sessions IN ASSEMBLY February 26, 2019 ___________ Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY, PERRY, ABINANTI -- read once and referred to the Committee on Correction AN ACT to amend the executive law and the criminal procedure law, in relation to preventing employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 16 of section 296 of the executive law, as 2 amended by section 48-a of part WWW of chapter 59 of the laws of 2017, 3 is amended to read as follows: 4 16. It shall be an unlawful discriminatory practice, unless specif- 5 ically required or permitted by statute, for any person, agency, bureau, 6 corporation or association, including the state and any political subdi- 7 vision thereof, to make any inquiry about, whether in any form of appli- 8 cation or otherwise, or to act upon adversely to the individual 9 involved, any arrest or criminal accusation of such individual not then 10 pending against that individual which was followed by a termination of 11 that criminal action or proceeding in favor of such individual, as 12 defined in subdivision two of section 160.50 of the criminal procedure 13 law, or by an order adjourning the criminal action in contemplation of 14 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10 15 of the criminal procedure law, or by a youthful offender adjudication, 16 as defined in subdivision one of section 720.35 of the criminal proce- 17 dure law, or by a conviction for a violation sealed pursuant to section 18 160.55 of the criminal procedure law or by a conviction which is sealed 19 pursuant to section 160.59 or 160.58 of the criminal procedure law, in 20 connection with the licensing, employment or providing of credit or 21 insurance to such individual; provided, further, that no person shall be 22 required to divulge information pertaining to any arrest or criminal 23 accusation of such individual not then pending against that individual 24 which was followed by a termination of that criminal action or proceed- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01412-01-9A. 6045 2 1 ing in favor of such individual, as defined in subdivision two of 2 section 160.50 of the criminal procedure law, or by an order adjourning 3 the criminal action in contemplation of dismissal, pursuant to section 4 170.55, 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, 5 or by a youthful offender adjudication, as defined in subdivision one of 6 section 720.35 of the criminal procedure law, or by a conviction for a 7 violation sealed pursuant to section 160.55 of the criminal procedure 8 law, or by a conviction which is sealed pursuant to section 160.58 or 9 160.59 of the criminal procedure law. The provisions of this subdivision 10 shall not apply to the licensing activities of governmental bodies in 11 relation to the regulation of guns, firearms and other deadly weapons or 12 in relation to an application for employment as a police officer or 13 peace officer as those terms are defined in subdivisions thirty-three 14 and thirty-four of section 1.20 of the criminal procedure law; provided 15 further that the provisions of this subdivision shall not apply to an 16 application for employment or membership in any law enforcement agency 17 with respect to any arrest or criminal accusation which was followed by 18 a youthful offender adjudication, as defined in subdivision one of 19 section 720.35 of the criminal procedure law, or by a conviction for a 20 violation sealed pursuant to section 160.55 of the criminal procedure 21 law, or by a conviction which is sealed pursuant to section 160.58 or 22 160.59 of the criminal procedure law. For purposes of this subdivision, 23 an action which has been adjourned in contemplation of dismissal, pursu- 24 ant to section 170.55, 170.56, 210.46, 210.47 or 215.10 of the criminal 25 procedure law, shall not be considered a pending action, unless the 26 order to adjourn in contemplation of dismissal is revoked and the case 27 is restored to the calendar for further prosecution. 28 § 2. Subdivision 8 of section 170.55 of the criminal procedure law, as 29 added by chapter 134 of the laws of 1982 and as renumbered by chapter 30 683 of the laws of 1990, is amended to read as follows: 31 8. The granting of an adjournment in contemplation of dismissal shall 32 not be deemed to be a conviction or an admission of guilt. No person 33 shall suffer any disability or forfeiture as a result of such an order. 34 Upon granting the order of adjournment, the action shall be considered 35 terminated in the defendant's favor for the purpose of the provisions of 36 subdivision sixteen of section two hundred ninety-six of the executive 37 law. Upon the dismissal of the accusatory instrument pursuant to this 38 section, the arrest and prosecution shall be deemed a nullity and the 39 defendant shall be restored, in contemplation of law, to the status he 40 or she occupied before his or her arrest and prosecution. 41 § 3. Subdivision 4 of section 170.56 of the criminal procedure law, as 42 added by chapter 1042 of the laws of 1971, is amended to read as 43 follows: 44 4. Upon the granting of an order pursuant to subdivision two of this 45 section, the action shall be considered terminated in the defendant's 46 favor for the purpose of the provisions of subdivision sixteen of 47 section two hundred ninety-six of the executive law. Upon the granting 48 of an order pursuant to subdivision three, the arrest and prosecution 49 shall be deemed a nullity and the defendant shall be restored, in 50 contemplation of law, to the status he or she occupied before his or her 51 arrest and prosecution. 52 § 4. No provision of this act shall be construed to impair or diminish 53 any rights an employee or licensee, or an applicant for employment or a 54 license, may already possess pursuant to section 170.55 or 170.56 of the 55 criminal procedure law.A. 6045 3 1 § 5. This act shall take effect on the ninetieth day after it shall 2 have become a law. Effective immediately, the addition, amendment and/or 3 repeal of any rule or regulation necessary for the implementation of 4 this act on its effective date are authorized to be made on or before 5 such date.
