A04887 Summary:

BILL NO    A04887 

SAME AS    SAME AS S03357

SPONSOR    Sepulveda (MS)

COSPNSR    Aubry, O'Donnell, Jaffee, Rivera, Crespo, Ortiz, Hevesi, Fahy, Colton

MLTSPNSR   Arroyo, Heastie, Perry, Robinson, Steck

Amd SS750 & 752, Cor L

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.
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A04887 Actions:

BILL NO    A04887 

02/13/2013 referred to correction
03/19/2013 reported 
03/20/2013 advanced to third reading cal.115
06/19/2013 passed assembly
06/19/2013 delivered to senate
06/19/2013 REFERRED TO RULES
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.217
01/22/2014 committed to correction
02/11/2014 reported 
02/20/2014 advanced to third reading cal.451
06/16/2014 passed assembly
06/16/2014 delivered to senate
06/16/2014 REFERRED TO RULES
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A04887 Votes:

A04887 06/19/2013 89/54
AbbateYColtonYGarbariNOKearnsYMillmanYRiveraYStevensY
AbinantYCookYGibsonYKellnerYMontesaNORobertsYStirpeNO
ArroyoYCorwinNOGiglioERKimYMorelleYRobinsoYSweeneyY
AubryYCrespoYGjonajERKolbNOMosleyYRodriguYTediscoNO
BarclayNOCrouchNOGlickYLalorNOMoyaYRosaYTenneyNO
BarrettNOCurranNOGoldfedYLavineYNojayNORosenthYThieleY
BarronYCusickYGoodellNOLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksNORussellYTitusY
BlankenNODenDekkYGrafNOLopezNOO'DonneYRyanYWalterNO
BorelliNODinowitYGuntherNOLupardoYOrtizYSaladinNOWeinsteY
BoylandABDiPietrNOHawleyNOLupinacNOOtisYSantabaNOWeisenbY
BraunstNODupreyNOHeastieYMageeYPalmesaNOScarborYWeprinY
BrennanYEnglebrYHennessNOMagnareYPaulinYSchimelYWrightY
BrindisNOEspinalYHevesiYMaiselYPeoplesYSchimmiNOZebrowsY
BronsonYFahyYHikindERMalliotNOPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperYMarkeyYPretlowYSimanowY
BuchwalNOFinchNOJacobsYMayerYQuartNOSimotasY
ButlerNOFitzpatNOJaffeeYMcDonalYRaNOSkartadNO
CahillYFriendNOJohnsNOMcDonouNORabbittNOSkoufisNO
CamaraYGabryszNOJordanNOMcKevitNORaiaNOSolagesY
CerettoNOGalefYKatzNOMcLaughNORamosYStecNO
ClarkYGanttYKavanagYMillerYReilichNOSteckY

A04887 06/16/2014 80/53
AbbateYCorwinNOGlickYLavineYNolanYRozicYTitusY
AbinantYCrespoYGoldfedYLentolYOaksNORussellYWalterNO
ArroyoYCrouchNOGoodellNOLiftonYO'DonneYRyanYWeinsteY
AubryYCurranNOGottfriYLopezNOOrtizERSaladinERWeisenbER
BarclayNOCusickNOGrafNOLupardoYOtisYSantabaNOWeprinY
BarrettNOCymbrowYGuntherNOLupinacNOPalmesaNOScarborYWrightY
BenedetYDavilaYHawleyNOMageeYPalumboNOSchimelYZebrowsY
BlankenNODenDekkYHeastieYMagnareYPaulinYSchimmiNOMr SpkrY
BorelliNODinowitYHennessNOMalliotNOPeoplesYSepulveY
BraunstNODiPietrNOHevesiYMarkeyYPerryYSimanowNO
BrennanYDupreyNOHikindYMayerYPichardYSimotasY
BrindisNOEnglebrYHooperYMcDonalYPretlowYSkartadNO
BronsonYFahyYJacobsYMcDonouNOQuartNOSkoufisNO
Brook-KYFarrellYJaffeeYMcKevitNORaNOSolagesY
BuchwalNOFinchNOJohnsNOMcLaughNORaiaNOStecNO
ButlerERFitzpatNOKatzNOMillerNORamosYSteckY
CahillYFriendNOKavanagYMillmanYRiveraYStirpeNO
CamaraYGalefYKearnsYMontesaNORobertsYSweeneyY
CerettoNOGanttYKellnerABMorelleYRobinsoYTediscoNO
ClarkYGarbariNOKimYMosleyYRodriguYTenneyER
ColtonNOGiglioNOKolbNOMoyaYRosaYThieleNO
CookYGjonajYLalorERNojayNORosenthYTitoneY

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A04887 Memo:

BILL NUMBER:A4887

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: 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 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 prop-
erty 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.

LEGISLATIVE HISTORY:

A.8065-A passed assembly in 2009, A5357 advanced to third reading 2011
and 2012.

FISCAL IMPLICATIONS: Successful re-entry and re-integration of formerly
incarcerated individuals will increase state revenues through the inclu-
sion 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.

LOCAL FISCAL IMPLICATIONS: None,

EFFECTIVE DATE: This act will take effect on the ninetieth day after it
shall have become law.
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A04887 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4887

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 13, 2013
                                      ___________

       Introduced  by  M.  of A. SEPULVEDA, AUBRY, O'DONNELL, STEVENSON -- 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    S 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    S  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
   22  upon the fact that the individual has previously been convicted  of  one
   23  or more criminal offenses, unless[:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06006-01-3
       A. 4887                             2

    1    (1)] there is a direct relationship, AS SUCH TERM IS DEFINED IN SUBDI-
    2  VISION THREE OF SECTION SEVEN HUNDRED FIFTY OF THIS ARTICLE, between one
    3  or  more  of  the previous criminal offenses and the specific license or
    4  employment sought or held by the individual[; or
    5    (2)  the  issuance  or  continuation of the license or the granting or
    6  continuation of the employment would involve  an  unreasonable  risk  to
    7  property  or  to  the  safety  or welfare of specific individuals or the
    8  general public].
    9    S 3. This act shall take effect on the ninetieth day  after  it  shall
   10  have become a law.
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