•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video 

AB4038 Summary:

BILL NOA04038
 
SAME ASSAME AS S03205
 
SPONSORWeprin
 
COSPNSRO'Donnell, Aubry, Perry, Abinanti
 
MLTSPNSR
 
Amd 296, Exec L; amd 170.55 & 170.56, CP L
 
Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal.
Go to top    

AB4038 Actions:

BILL NOA04038
 
01/31/2017referred to correction
Go to top

AB4038 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4038
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2017
                                       ___________
 
        Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY, PERRY, ABINANTI -- read
          once and referred to the Committee on Correction
 
        AN  ACT  to  amend  the executive law and the criminal procedure law, in
          relation to preventing employment discrimination against persons whose
          criminal charges have been adjourned in contemplation of dismissal

          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  separately amended by section 3 of part N and section 14 of part AAA  of
     3  chapter 56 of the laws of 2009, 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 an order adjourning the criminal action in contemplation of
    14  dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
    15  of the criminal procedure law, or by a youthful  offender  adjudication,
    16  as  defined  in subdivision one of section 720.35 of the criminal proce-
    17  dure law, or by a conviction for a violation sealed pursuant to  section
    18  160.55  of the criminal procedure law or by a conviction which is sealed
    19  pursuant to section 160.58 of the criminal procedure law, in  connection
    20  with  the  licensing,  employment or providing of credit or insurance to
    21  such individual; provided, further, that no person shall be required  to
    22  divulge  information  pertaining to any arrest or criminal accusation of
    23  such individual not then  pending  against  that  individual  which  was
    24  followed by a termination of that criminal action or proceeding in favor
    25  of  such  individual, as defined in subdivision two of section 160.50 of
    26  the criminal procedure law, or  by  an  order  adjourning  the  criminal
    27  action  in  contemplation  of  dismissal,  pursuant to section 170.55 or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04923-01-7

        A. 4038                             2
 
     1  170.56 of the criminal procedure law, or by a youthful offender  adjudi-
     2  cation,  as defined in subdivision one of section 720.35 of the criminal
     3  procedure law, or by a conviction for a  violation  sealed  pursuant  to
     4  section  160.55  of the criminal procedure law, or by a conviction which
     5  is sealed pursuant to section 160.58 of the criminal procedure law.  The
     6  provisions  of  this subdivision shall not apply to the licensing activ-
     7  ities of governmental bodies in relation  to  the  regulation  of  guns,
     8  firearms  and  other deadly weapons or in relation to an application for
     9  employment as a police officer or  peace  officer  as  those  terms  are
    10  defined  in subdivisions thirty-three and thirty-four of section 1.20 of
    11  the criminal procedure law; provided further that the provisions of this
    12  subdivision shall not apply to an application for employment or  member-
    13  ship  in any law enforcement agency with respect to any arrest or crimi-
    14  nal accusation which was followed by a youthful  offender  adjudication,
    15  as  defined  in subdivision one of section 720.35 of the criminal proce-
    16  dure law, or by a conviction for a violation sealed pursuant to  section
    17  160.55 of the criminal procedure law, or by a conviction which is sealed
    18  pursuant  to section 160.58 of the criminal procedure law.  For purposes
    19  of this subdivision, an action which has been adjourned in contemplation
    20  of dismissal, pursuant to section  170.55  or  170.56  of  the  criminal
    21  procedure law, shall not be considered a pending action, unless the case
    22  has been restored to the calendar.
    23    § 2. Subdivision 8 of section 170.55 of the criminal procedure law, as
    24  added  by  chapter  134 of the laws of 1982 and as renumbered by chapter
    25  683 of the laws of 1990, is amended to read as follows:
    26    8. The granting of an adjournment in contemplation of dismissal  shall
    27  not  be  deemed  to  be a conviction or an admission of guilt. No person
    28  shall suffer any disability or forfeiture as a result of such an  order.
    29  Upon  granting  the order of adjournment, the action shall be considered
    30  terminated in the defendant's favor for the  purpose  of  employment  as
    31  defined  by  subdivision  five  of  section  seven  hundred fifty of the
    32  correction law or license as defined  by  subdivision  four  of  section
    33  seven  hundred  fifty  of  the correction law. Upon the dismissal of the
    34  accusatory instrument pursuant to this section, the  arrest  and  prose-
    35  cution shall be deemed a nullity and the defendant shall be restored, in
    36  contemplation of law, to the status he or she occupied before his or her
    37  arrest and prosecution.
    38    § 3. Subdivision 4 of section 170.56 of the criminal procedure law, as
    39  added  by  chapter  1042  of  the  laws  of  1971, is amended to read as
    40  follows:
    41    4.  Upon the granting of an order pursuant to subdivision two of  this
    42  section,  the  action  shall be considered terminated in the defendant's
    43  favor for the purpose of employment as defined by  subdivision  five  of
    44  section  seven  hundred  fifty  of  the  correction  law or a license as
    45  defined by subdivision four  of  section  seven  hundred  fifty  of  the
    46  correction  law.  Upon  the granting of an order pursuant to subdivision
    47  three, the arrest and prosecution shall be  deemed  a  nullity  and  the
    48  defendant  shall  be restored, in contemplation of law, to the status he
    49  or she occupied before his or her arrest and prosecution.
    50    § 4. No provision of this act shall be construed to impair or diminish
    51  any rights an employee or licensee, or an applicant for employment or  a
    52  license, may already possess pursuant to section 170.55 or 170.56 of the
    53  criminal procedure law.
    54    §  5.  This  act shall take effect on the ninetieth day after it shall
    55  have become a law.
Go to top