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--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     August 7, 2019
                                       ___________

        Introduced  by  M.  of A. PERRY, WEPRIN -- read once and referred to the
          Committee on Correction -- recommitted to the Committee on  Correction
          in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  again  reported  from  said  committee with amendments,
          ordered reprinted as amended and recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11000-20-0
        A. 8504--B                          2

     1  and continue in such employment without loss of income, wages  or  other
     2  benefits commensurate with the position.
     3    §  3.  The  article  heading of article 23-A of the correction law, as
     4  added by chapter 931 of the laws of 1976, is amended to read as follows:
     5              LICENSURE AND EMPLOYMENT OF PERSONS CONVICTED OF OR
     6            PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES
     7    § 4. Section 752 of the correction law, as amended by chapter  284  of
     8  the laws of 2007, is amended to read as follows:
     9    §  752.  Unfair discrimination against persons convicted or previously
    10  convicted of one or more criminal offenses  prohibited.  No  application
    11  for  any  license or employment, and no employment or license held by an
    12  individual, to which the provisions  of  this  article  are  applicable,
    13  shall  be denied or acted upon adversely by reason of the [individual's]
    14  individual being convicted of one or more criminal  offenses  or  having
    15  been previously convicted of one or more criminal offenses, or by reason
    16  of  a  finding  of  lack  of "good moral character" when such finding is
    17  based upon the fact that the individual has been or has previously  been
    18  convicted of one or more criminal offenses, unless:
    19    (1) there is a direct relationship between one or more of the previous
    20  criminal  offenses and the specific license or employment sought or held
    21  by the individual; or
    22    (2) the issuance or continuation of the license  or  the  granting  or
    23  continuation  of  the  employment  would involve an unreasonable risk to
    24  property or to the safety or welfare  of  specific  individuals  or  the
    25  general public.
    26    §  5.  Subdivision 1 of section 753 of the correction law, as added by
    27  chapter 931 of the laws of 1976, paragraph (b) as amended by chapter 284
    28  of the laws of 2007, is amended and a new subdivision 3 is added to read
    29  as follows:
    30    1. In making a determination pursuant to section seven hundred  fifty-
    31  two  of  this  [chapter]  article, the public agency or private employer
    32  shall consider the following factors:
    33    (a) The public policy of this state, as  expressed  in  this  act,  to
    34  encourage  the  licensure and employment of persons previously convicted
    35  of one or more criminal offenses.
    36    (b) The specific duties and responsibilities  necessarily  related  to
    37  the license or employment sought or held by the person.
    38    (c)  The  bearing,  if any, the criminal offense or offenses for which
    39  the person was previously convicted will have on his or her  fitness  or
    40  ability to perform one or more such duties or responsibilities.
    41    (d)  The  time  which has elapsed since the occurrence of the criminal
    42  offense or offenses.
    43    (e) The age of the person at the time of occurrence  of  the  criminal
    44  offense or offenses.
    45    (f) The seriousness of the offense or offenses.
    46    (g)  Any information produced by the person, or produced on his or her
    47  behalf, in regard to the circumstances of the conviction and his or  her
    48  rehabilitation and good conduct.
    49    (h)  The  legitimate interest of the public agency or private employer
    50  in protecting property, and the safety and welfare of specific  individ-
    51  uals or the general public.
    52    3.  Each public agency or private business entity or corporation shall
    53  adopt a  policy  that requires  the  public  agency  or private business
    54  entity  or  corporation to provide the convicted or previously convicted
    55  person with an opportunity to submit an  explanation  of    the    facts
    56  surrounding the  offense  and  conviction and any other information such
        A. 8504--B                          3

     1  person  deems  relevant  to  the  issue, prior to making a determination
     2  pursuant to subdivisions one and two of section seven hundred  fifty-two
     3  of  this  article. Nothing   in   this   subdivision   shall  prohibit a
     4  public  agency,  private  business entity or corporation duly authorized
     5  to  conduct business  in  this state  from   imposing sanctions  upon  a
     6  person  convicted  of  or  previously convicted of a crime in accordance
     7  with the regulations,  policies  and practices of the public  agency  or
     8  private employer.
     9    §  6.   The general obligations law is amended by adding a new section
    10  5-338 to read as follows:
    11    § 5-338. Agreements including termination due to the conviction  of  a
    12  party  void  and unenforceable. 1.   Every covenant, agreement or under-
    13  standing between a governmental entity or grantor private business enti-
    14  ty or corporation and   a person or  persons  enabling  such  person  or
    15  persons  to  carry out specified   commercial activities,  including but
    16  not limited to providing a broadcasting service or    acting    as    an
    17  agent    for    the   governmental entity or grantor private business or
    18  corporation,  which includes  a clause allowing for the  termination  of
    19  the  covenant,  agreement  or  understanding  upon  a conviction of such
    20  person or persons shall be deemed to be void as  against  public  policy
    21  and wholly unenforceable.
    22    2. All covenants, agreements or understandings between a  governmental
    23  entity  or  grantor private business  entity or corporation and a person
    24  or  persons  enabling  such  person or persons to  carry  out  specified
    25  commercial  activities, including  but not limited to providing a broad-
    26  casting service or acting as an agent for  the  governmental  entity  or
    27  grantor  private  business  or  corporation, shall include and extend to
    28  such person or persons the right to an opportunity to submit an explana-
    29  tion of the facts surrounding any conviction or alleged offense as  well
    30  as  any  other information the party deems relevant to the conviction or
    31  alleged offense prior to any party terminating a  business contract   or
    32  contract  of employment  due  to  a conviction or alleged offense.
    33    3. Nothing in this section shall prohibit  a  governmental  entity  or
    34  grantor  private  business   entity or corporation from  imposing  sanc-
    35  tions  upon  a person or persons convicted or previously convicted of  a
    36  crime  in  accordance  with  the  regulations, policies and practices of
    37  the  governmental  entity  or  grantor private business entity or corpo-
    38  ration. Such sanctions shall not be of a duration that would  in  effect
    39  terminate the viability of the affiliated business.
    40    4.  If  a  review  of  the facts shall find that in the history of the
    41  existence  of  the grantor private business  entity  or  corporation,  a
    42  person  or persons holding a similar license or agreement to do business
    43  in the name of the grantor private business entity or  corporation,  who
    44  while  holding  such license or prior to being granted such license, was
    45  convicted of a felony or any offense for which the grantor private busi-
    46  ness entity or corporation could have claimed and exercised the right to
    47  terminate the business relationship or permit to act under the  name  of
    48  the  grantor  private  business  entity or corporation, but such grantor
    49  private business entity or corporation, in exercise of  its  discretion,
    50  allowed such person or persons to acquire or continue to hold and  exer-
    51  cise    such  license  and authority   to   do business, and the grantor
    52  private business entity or corporation took no action to terminate  such
    53  agreement, and the grantor private business entity or corporation deter-
    54  mined  not  to  provide an extension of forgiveness and a second chance,
    55  the grantor private business entity or corporation shall  state  why  it
    56  determined  not  to  grant  such  second chance to the applicant and the
        A. 8504--B                          4

     1  burden of proof will be on  such  grantor  private  business  entity  or
     2  corporation to demonstrate with substantive and convincing proof how the
     3  extension of forgiveness and a second chance would be detrimental to the
     4  interest of the grantor private business entity or corporation.
     5    §  7.  The civil rights law is amended by adding a new section 79-p to
     6  read as follows:
     7    § 79-p. Right to a reasonable review of facts and a reasonable consid-
     8  eration for the extension of forgiveness and a second chance. No  person
     9  or  entity shall terminate, cancel or refuse to renew any contract based
    10  on an individual being convicted of one or more criminal offenses  with-
    11  out  such individual being given an opportunity to submit an explanation
    12  of the facts surrounding any conviction or alleged offense  as  well  as
    13  any other information the individual deems relevant to the conviction or
    14  alleged  offense  and  provided  a  reasonable review of the facts and a
    15  reasonable consideration for the extension of forgiveness and  a  second
    16  chance.
    17    § 8. This act shall take effect immediately.