Bill Text: NY A06187 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to removing the requirement to reveal certain past convictions including convictions pursuant to section 160.55, 160.58 or 160.59 of the criminal procedure law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to correction [A06187 Detail]

Download: New_York-2019-A06187-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6187
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 1, 2019
                                       ___________
        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Correction
        AN ACT to amend the executive law, in relation to removing the  require-
          ment to reveal certain past convictions
          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 a youthful offender adjudication, as defined  in  subdivision
    14  one  of section 720.35 of the criminal procedure law, or by a conviction
    15  for a violation sealed pursuant to section 160.55 of the criminal proce-
    16  dure law or by a conviction which is sealed pursuant to  section  160.59
    17  or  160.58 of the criminal procedure law, in connection with the licens-
    18  ing, employment or providing of credit or insurance to such  individual;
    19  provided,  further, that no person shall be required to divulge informa-
    20  tion pertaining to any arrest or criminal accusation of such  individual
    21  not  then pending against that individual which was followed by a termi-
    22  nation of that criminal action or proceeding in favor of  such  individ-
    23  ual,  as  defined  in  subdivision two of section 160.50 of the criminal
    24  procedure law, or by a youthful offender  adjudication,  as  defined  in
    25  subdivision one of section 720.35 of the criminal procedure law, or by a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10299-02-9
        A. 6187                             2
     1  conviction  for  a  violation  sealed  pursuant to section 160.55 of the
     2  criminal procedure law, or by a conviction which is sealed  pursuant  to
     3  section  160.58 or 160.59 of the criminal procedure law.  Any individual
     4  with a conviction which is sealed pursuant to sections 160.55, 160.58 or
     5  160.59 of the criminal procedure law shall be permitted to answer in the
     6  negative  to  the  question  "Have you ever been convicted of a crime or
     7  violation?", or any question with  the  same  substantive  content.  The
     8  provisions  of  this subdivision shall not apply to the licensing activ-
     9  ities of governmental bodies in relation  to  the  regulation  of  guns,
    10  firearms  and  other deadly weapons or in relation to an application for
    11  employment as a police officer or  peace  officer  as  those  terms  are
    12  defined  in subdivisions thirty-three and thirty-four of section 1.20 of
    13  the criminal procedure law; provided further that the provisions of this
    14  subdivision shall not apply to an application for employment or  member-
    15  ship  in any law enforcement agency with respect to any arrest or crimi-
    16  nal accusation which was followed by a youthful  offender  adjudication,
    17  as  defined  in subdivision one of section 720.35 of the criminal proce-
    18  dure law, or by a conviction for a violation sealed pursuant to  section
    19  160.55 of the criminal procedure law, or by a conviction which is sealed
    20  pursuant to section 160.58 or 160.59 of the criminal procedure law.
    21    § 2. This act shall take effect immediately.