Bill Text: NY A08504 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8504--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     August 7, 2019
                                       ___________

        Introduced  by M. of A. PERRY -- read once and referred to the Committee
          on Correction -- recommitted to the Committee on Correction in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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 income, wages  or  other
    22  benefits commensurate with the position.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11000-15-0
        A. 8504--A                          2

     1    §  3.  The  article  heading of article 23-A of the correction law, as
     2  added by chapter 931 of the laws of 1976, is amended to read as follows:
     3              LICENSURE AND EMPLOYMENT OF PERSONS CONVICTED OF OR
     4            PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES
     5    §  4.  Section 752 of the correction law, as amended by chapter 284 of
     6  the laws of 2007, is amended to read as follows:
     7    § 752. Unfair discrimination against persons convicted  or  previously
     8  convicted  of  one  or more criminal offenses prohibited. No application
     9  for any license or employment, and no employment or license held  by  an
    10  individual,  to  which  the  provisions  of this article are applicable,
    11  shall be denied or acted upon adversely by reason of the  [individual's]
    12  individual  being  convicted  of one or more criminal offenses or having
    13  been previously convicted of one or more criminal offenses, or by reason
    14  of a finding of lack of "good moral  character"  when  such  finding  is
    15  based  upon the fact that the individual has been or has previously been
    16  convicted of one or more criminal offenses, unless:
    17    (1) there is a direct relationship between one or more of the previous
    18  criminal offenses and the specific license or employment sought or  held
    19  by the individual; or
    20    (2)  the  issuance  or  continuation of the license or the granting or
    21  continuation of the employment would involve  an  unreasonable  risk  to
    22  property  or  to  the  safety  or welfare of specific individuals or the
    23  general public.
    24    § 5. Subdivision 1 of section 753 of the correction law, as  added  by
    25  chapter 931 of the laws of 1976, paragraph (b) as amended by chapter 284
    26  of the laws of 2007, is amended and a new subdivision 3 is added to read
    27  as follows:
    28    1.  In making a determination pursuant to section seven hundred fifty-
    29  two of this [chapter] article, the public  agency  or  private  employer
    30  shall consider the following factors:
    31    (a)  The  public  policy  of  this state, as expressed in this act, to
    32  encourage the licensure and employment of persons  previously  convicted
    33  of one or more criminal offenses.
    34    (b)  The  specific  duties and responsibilities necessarily related to
    35  the license or employment sought or held by the person.
    36    (c) The bearing, if any, the criminal offense or  offenses  for  which
    37  the  person  was previously convicted will have on his or her fitness or
    38  ability to perform one or more such duties or responsibilities.
    39    (d) The time which has elapsed since the occurrence  of  the  criminal
    40  offense or offenses.
    41    (e)  The  age  of the person at the time of occurrence of the criminal
    42  offense or offenses.
    43    (f) The seriousness of the offense or offenses.
    44    (g) Any information produced by the person, or produced on his or  her
    45  behalf,  in regard to the circumstances of the conviction and his or her
    46  rehabilitation and good conduct.
    47    (h) The legitimate interest of the public agency or  private  employer
    48  in  protecting property, and the safety and welfare of specific individ-
    49  uals or the general public.
    50    3. Each public agency or private employer shall adopt  a  policy  that
    51  requires  the  public  agency  or private employer to provide the person
    52  with an opportunity to submit an explanation of  the  facts  surrounding
    53  the  offense  and  conviction and any other information the person deems
    54  relevant to the issue prior to making a determination pursuant to subdi-
    55  visions one and two of section seven hundred fifty-two of this  article.
    56  Nothing  in  this  subdivision  shall  prohibit a public agency, private
        A. 8504--A                          3

     1  employer or corporate entity authorized  to  conduct  business  in  this
     2  state  from  imposing sanctions upon a person convicted of or previously
     3  convicted of a crime in accordance with the  regulations,  policies  and
     4  practices of the public agency or private employer.
     5    §  6.   The general obligations law is amended by adding a new section
     6  5-338 to read as follows:
     7    § 5-338. Agreements including termination due to the conviction  of  a
     8  party  void  and  unenforceable.  1. Every covenant, agreement or under-
     9  standing between   a governmental entity or a  business  entity  and  an
    10  individual or group enabling such individual or group to carry out spec-
    11  ified  commercial  activities,  including but not limited to providing a
    12  broadcasting service or  acting  as  an  agent  for  the  entity,  which
    13  includes  a  clause allowing for the termination of the covenant, agree-
    14  ment or understanding upon a conviction of a party shall be deemed to be
    15  void as against public policy and wholly unenforceable.
    16    2. All covenants, agreements or understandings between a  governmental
    17  entity  or  a  business  entity and an individual or group enabling such
    18  individual or  group  to  carry  out  specified  commercial  activities,
    19  including  but not limited to providing a broadcasting service or acting
    20  as an agent for the entity, shall include the right to an opportunity to
    21  submit an explanation of the facts surrounding any conviction or alleged
    22  offense as well as any other information the party deems relevant to the
    23  conviction or alleged offense prior to any party terminating a  business
    24  contract  or  contract  of  employment  due  to  a conviction or alleged
    25  offense.
    26    3. Nothing in this section shall prohibit  a  governmental  entity  or
    27  business  entity  from  imposing  sanctions  upon  a person convicted or
    28  previously convicted of a crime  in  accordance  with  the  regulations,
    29  policies and practices of the governmental entity or business entity.
    30    4. If review of the facts shall find that in the history of the exist-
    31  ence  of  the  corporate  entity,  a person holding a similar license or
    32  agreement to do business in the name of the corporate  entity,  who  was
    33  convicted  of  a  felony  or  any offense for which the corporate entity
    34  would have claimed the right to terminate the business  relationship  or
    35  permit  to  act  under  the name of the corporation, but such person was
    36  allowed by the corporate entity to continue to hold  and  exercise  such
    37  authority  to  do  business,  and  the  corporate  entity, solely at its
    38  discretion, took no action to terminate such  agreement,  such  person's
    39  right  to  a reasonable review of the facts and reasonable consideration
    40  for the extension of forgiveness and a second chance pursuant to section
    41  seventy-nine-p of the civil rights law shall be decided in favor of  the
    42  applicant unless a prior such extension had been granted.
    43    §  7.  The civil rights law is amended by adding a new section 79-p to
    44  read as follows:
    45    § 79-p. Right to a reasonable review of facts and a reasonable consid-
    46  eration for the extension of forgiveness and a second chance. No  person
    47  or  entity shall terminate, cancel or refuse to renew any contract based
    48  on an individual being convicted of one or more criminal offenses  with-
    49  out  such individual being given an opportunity to submit an explanation
    50  of the facts surrounding any conviction or alleged offense  as  well  as
    51  any other information the individual deems relevant to the conviction or
    52  alleged  offense  and  provided  a  reasonable review of the facts and a
    53  reasonable consideration for the extension of forgiveness and  a  second
    54  chance.
    55    §  8.  This  act  shall take effect on the sixtieth day after it shall
    56  have become a law.