Bill Text: NY A08504 | 2019-2020 | General Assembly | Introduced
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Bill Title: Requires public agencies and private employers to adopt a policy that requires the public agency or private employer to provide a person who has been convicted of a crime an opportunity to submit an explanation of the facts surrounding the offense and conviction and any other information the person deems relevant to the issue prior to making a determination regarding the convicted person's employment or a determination to refuse to issue a license to such person; requires contracts not be terminated, canceled or not renewed due to a conviction without an opportunity to submit an explanation.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2020-08-17 - print number 8504c [A08504 Detail]
Download: New_York-2019-A08504-Introduced.html
Bill Title: Requires public agencies and private employers to adopt a policy that requires the public agency or private employer to provide a person who has been convicted of a crime an opportunity to submit an explanation of the facts surrounding the offense and conviction and any other information the person deems relevant to the issue prior to making a determination regarding the convicted person's employment or a determination to refuse to issue a license to such person; requires contracts not be terminated, canceled or not renewed due to a conviction without an opportunity to submit an explanation.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2020-08-17 - print number 8504c [A08504 Detail]
Download: New_York-2019-A08504-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8504 2019-2020 Regular Sessions IN ASSEMBLY August 7, 2019 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Correction AN ACT to amend the correction law, the general obligations law and the civil rights law, in relation to enacting the "second chance act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "second 2 chance act". 3 § 2. Legislative findings and intent. The legislature hereby finds 4 that notwithstanding moral and ethical upbringing, individuals from all 5 status and places in life are predisposed to making wrong decisions that 6 carry consequences detrimental to such person's best interest. The 7 legislature further finds and agrees with the general consensus that, as 8 humans we are not infallible and are all subject to making errors and 9 mistakes at various stages in our lives. The legislature also finds that 10 the adoption of public policy that embraces and provides opportunities 11 for forgiveness and redemption, and also allows for those who make 12 errors to have the right to a second chance, is in the best interest and 13 the overall good and positive benefit to our great state. Therefore, it 14 is the intent of the legislature to provide with this law a right and a 15 process through which such person, shall be allowed the opportunity to 16 explain the circumstances which led to such person being convicted of a 17 crime, and rather than automatically being dismissed from his or her 18 job, for there to be a process which provides for the reasonable review 19 of the facts and a reasonable consideration for the extension of 20 forgiveness and a second chance which would allow such person to hold 21 and continue in such employment without loss of benefits commensurate 22 with the position. 23 § 3. The article heading of article 23-A of the correction law, as 24 added by chapter 931 of the laws of 1976, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11000-11-9A. 8504 2 1 LICENSURE AND EMPLOYMENT OF PERSONS CONVICTED OF OR 2 PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES 3 § 4. Section 752 of the correction law, as amended by chapter 284 of 4 the laws of 2007, is amended to read as follows: 5 § 752. Unfair discrimination against persons convicted or previously 6 convicted of one or more criminal offenses prohibited. No application 7 for any license or employment, and no employment or license held by an 8 individual, to which the provisions of this article are applicable, 9 shall be denied or acted upon adversely by reason of the [individual's] 10 individual being convicted of one or more criminal offenses or having 11 been previously convicted of one or more criminal offenses, or by reason 12 of a finding of lack of "good moral character" when such finding is 13 based upon the fact that the individual has been or has previously been 14 convicted of one or more criminal offenses, unless: 15 (1) there is a direct relationship between one or more of the previous 16 criminal offenses and the specific license or employment sought or held 17 by the individual; or 18 (2) the issuance or continuation of the license or the granting or 19 continuation of the employment would involve an unreasonable risk to 20 property or to the safety or welfare of specific individuals or the 21 general public. 22 § 5. Subdivision 1 of section 753 of the correction law, as added by 23 chapter 931 of the laws of 1976, paragraph (b) as amended by chapter 284 24 of the laws of 2007, is amended and a new subdivision 3 is added to read 25 as follows: 26 1. In making a determination pursuant to section seven hundred fifty- 27 two of this [chapter] article, the public agency or private employer 28 shall consider the following factors: 29 (a) The public policy of this state, as expressed in this act, to 30 encourage the licensure and employment of persons previously convicted 31 of one or more criminal offenses. 32 (b) The specific duties and responsibilities necessarily related to 33 the license or employment sought or held by the person. 34 (c) The bearing, if any, the criminal offense or offenses for which 35 the person was previously convicted will have on his or her fitness or 36 ability to perform one or more such duties or responsibilities. 37 (d) The time which has elapsed since the occurrence of the criminal 38 offense or offenses. 39 (e) The age of the person at the time of occurrence of the criminal 40 offense or offenses. 41 (f) The seriousness of the offense or offenses. 42 (g) Any information produced by the person, or produced on his or her 43 behalf, in regard to the circumstances of the conviction and his or her 44 rehabilitation and good conduct. 45 (h) The legitimate interest of the public agency or private employer 46 in protecting property, and the safety and welfare of specific individ- 47 uals or the general public. 48 3. Each public agency or private employer shall adopt a policy that 49 requires the public agency or private employer to provide the person 50 with an opportunity to submit an explanation of the facts surrounding 51 the offense and conviction and any other information the person deems 52 relevant to the issue prior to making a determination pursuant to subdi- 53 visions one and two of section seven hundred fifty-two of this article. 54 Nothing in this subdivision shall prohibit a public agency or private 55 employer from imposing sanctions upon a person convicted of or previous-A. 8504 3 1 ly convicted of a crime in accordance with the regulations, policies and 2 practices of the public agency or private employer. 3 § 6. The general obligations law is amended by adding a new section 4 5-337 to read as follows: 5 § 5-337. Agreements including termination due to the conviction of a 6 party void and unenforceable. 1. Every covenant, agreement or under- 7 standing between a governmental entity or a business entity and an 8 individual or group enabling such individual or group to carry out spec- 9 ified commercial activities, including but not limited to providing a 10 broadcasting service or acting as an agent for the entity, which 11 includes a clause allowing for the termination of the covenant, agree- 12 ment or understanding upon a conviction of a party shall be deemed to be 13 void as against public policy and wholly unenforceable. 14 2. All covenants, agreements or understandings between a governmental 15 entity or a business entity and an individual or group enabling such 16 individual or group to carry out specified commercial activities, 17 including but not limited to providing a broadcasting service or acting 18 as an agent for the entity, shall include the right to an opportunity to 19 submit an explanation of the facts surrounding any conviction or alleged 20 offense as well as any other information the party deems relevant to the 21 conviction or alleged offense prior to any party terminating a contract 22 due to a conviction or alleged offense. 23 3. Nothing in this section shall prohibit a governmental entity or 24 business entity from imposing sanctions upon a person convicted or 25 previously convicted of a crime in accordance with the regulations, 26 policies and practices of the governmental entity or business entity. 27 § 7. The civil rights law is amended by adding a new section 79-o to 28 read as follows: 29 § 79-o. Right to a reasonable review of facts and a reasonable consid- 30 eration for the extension of forgiveness and a second chance. No person 31 or entity shall terminate, cancel or refuse to renew any contract based 32 on an individual being convicted of one or more criminal offenses with- 33 out such individual being given an opportunity to submit an explanation 34 of the facts surrounding any conviction or alleged offense as well as 35 any other information the individual deems relevant to the conviction or 36 alleged offense and provided a reasonable review of the facts and a 37 reasonable consideration for the extension of forgiveness and a second 38 chance. 39 § 8. This act shall take effect on the sixtieth day after it shall 40 have become a law.
