Bill Text: NY S04111 | 2019-2020 | General Assembly | Introduced


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) 2019-02-28 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04111 Detail]

Download: New_York-2019-S04111-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4111
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 28, 2019
                                       ___________
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10299-01-9

        S. 4111                             2
     1  subdivision one of section 720.35 of the criminal procedure law, or by a
     2  conviction for a violation sealed pursuant  to  section  160.55  of  the
     3  criminal  procedure  law, or by a conviction which is sealed pursuant to
     4  section  160.58 or 160.59 of the criminal procedure law.  Any individual
     5  with a conviction which is sealed pursuant to sections 160.55, 160.58 or
     6  160.59 of the criminal procedure law, shall be permitted  to  answer  in
     7  the negative to the question "Have you ever been convicted of a crime or
     8  violation?",  or  any  question  with  the same substantive content. The
     9  provisions of this subdivision shall not apply to the  licensing  activ-
    10  ities  of  governmental  bodies  in  relation to the regulation of guns,
    11  firearms and other deadly weapons or in relation to an  application  for
    12  employment  as  a  police  officer  or  peace officer as those terms are
    13  defined in subdivisions thirty-three and thirty-four of section 1.20  of
    14  the criminal procedure law; provided further that the provisions of this
    15  subdivision  shall not apply to an application for employment or member-
    16  ship in any law enforcement agency with respect to any arrest or  crimi-
    17  nal  accusation  which was followed by a youthful offender adjudication,
    18  as defined in subdivision one of section 720.35 of the  criminal  proce-
    19  dure  law, or by a conviction for a violation sealed pursuant to section
    20  160.55 of the criminal procedure law, or by a conviction which is sealed
    21  pursuant to section 160.58 or 160.59 of the criminal procedure law.
    22    § 2. This act shall take effect immediately.
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