Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2144
SPONSOR: Sepulveda (MS) TITLE OF BILL: An act to amend the correction law, in relation to the
definition of "direct relationship" for the purposes of article 23-A of
the correction law regarding the licensure and employment of persons
previously convicted of one or more criminal offenses
PURPOSE OR GENERAL IDEA OF BILL:
This bill will curtail unlawful discriminatory practices against persons
with criminal records and help to ensure that employers abide by the
provisions of Article 23-A of the correction law.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the correction law to change the definition
of "direct relationship" and provide that in order to deny a person
employment or a license based on a criminal record, there must be a
connection between the specific duties or responsibilities of the job or
license and the nature of the criminal conviction and such connection
must create an unreasonable risk to property or public safety.
Section 2 of the bill makes a conforming change to section 752 of the
correction law.
Section 3 of the bill provides that the act shall take effect on the
ninetieth day after it shall have become law.
JUSTIFICATION:
Upon return to the community following incarceration, individuals are
expected to find and maintain gainful employment. Finding effective ways
to manage their reentry into the workforce is critical to promoting
public safety and curbing recidivism rates and the high costs Of re-in-
carceration. Unfortunately, many employers maintain blanket barriers to
employment based solely on criminal conviction records even when the
conviction may be completely unrelated to the job sought and no threat
to the public or property is present.
Article 23-A of the correction law prohibits discrimination against a
person with a criminal record unless the duties or responsibilities of
the job or license sought are directly related to the conviction. This
bill will help to ensure that employers abide by the standards of Arti-
cle 23A and do not automatically disqualify applicants based only on a
criminal conviction.
PRIOR LEGISLATIVE HISTORY:
2014: S.3357 - Referred to Crime Victims, Crime and Correction /
A.4887-Passed Assembly
2013: S.3357 - Referred to Crime Victims, Crime and Correction /
A.4887-Passed Assembly
2012: S.969 - Committee Discharged and Committed to Rules /
A.5357-Advanced to Third Reading
2011: S.969 - Referred to Crime Victims, Crime and Correction / A.5357
Advanced to Third Reading
2010: S.4368-B - Referred to Crime Victims, Crime and Correction /
A.8065 - Passed Assembly
2009: S.4368-B - Referred to Crime Victims, Crime and Correction /
A.8065 - Passed Assembly
2016 : ordered to third reading cal.126
FISCAL IMPLICATIONS:
Successful re-entry and re-integration of formerly incarcerated individ-
uals will increase state revenues through the inclusion of thousands of
able-bodied, taxpaying citizens to the state's workforce; additional
savings to the state will inure from a reduction in costs associated
with recidivism, re-incarceration and social services.
EFFECTIVE DATE:
This act will take effect on the ninetieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
2144
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
___________
Introduced by M. of A. SEPULVEDA, AUBRY, O'DONNELL, JAFFEE, RIVERA,
CRESPO, ORTIZ, HEVESI, FAHY, COLTON, BLAKE -- Multi-Sponsored by -- M.
of A. ARROYO, PERRY, STECK -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to the definition of
"direct relationship" for the purposes of article 23-A of the
correction law regarding the licensure and employment of persons
previously convicted of one or more criminal offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 750 of the correction law, as
2 amended by chapter 284 of the laws of 2007, is amended to read as
3 follows:
4 (3) "Direct relationship" means that there is a substantial connection
5 between the nature of [criminal conduct] the crime for which the person
6 was convicted [has a direct bearing on his fitness or ability to perform
7 one or more of] and the duties or responsibilities necessarily related
8 to the license, opportunity, or job in question and such connection
9 would create an unreasonable risk to property or to the safety or
10 welfare of specific individuals or the general public upon the issuance
11 or continuation of a license or the granting or continuation of employ-
12 ment of such person.
13 § 2. Section 752 of the correction law, as amended by chapter 284 of
14 the laws of 2007, is amended to read as follows:
15 § 752. Unfair discrimination against persons previously convicted of
16 one or more criminal offenses prohibited. No application for any
17 license or employment, and no employment or license held by an individ-
18 ual, to which the provisions of this article are applicable, shall be
19 denied or acted upon adversely by reason of the individual's having been
20 previously convicted of one or more criminal offenses, or by reason of a
21 finding of lack of "good moral character" when such finding is based
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07466-01-7
A. 2144 2
1 upon the fact that the individual has previously been convicted of one
2 or more criminal offenses, unless[:
3 (1)] there is a direct relationship, as such term is defined in subdi-
4 vision three of section seven hundred fifty of this article, between one
5 or more of the previous criminal offenses and the specific license or
6 employment sought or held by the individual[; or
7 (2) the issuance or continuation of the license or the granting or
8 continuation of the employment would involve an unreasonable risk to
9 property or to the safety or welfare of specific individuals or the
10 general public].
11 § 3. This act shall take effect on the ninetieth day after it shall
12 have become a law.
