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A08170 Summary:

BILL NOA08170B
 
SAME ASSAME AS S06631-B
 
SPONSORLentol
 
COSPNSRWallace, Ramos, Skartados, Barrett, Skoufis, Stirpe, Hunter, Jones, Murray, Jenne, Santabarbara, Pichardo, Jean-Pierre, Woerner, Harris, Pellegrino, Magee
 
MLTSPNSR
 
Amd 1696 & 1699, V & T L; amd 168-p, Cor L; amd 160.59, CP L
 
Relates to criminal history of transportation network drivers and juvenile justice.
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A08170 Actions:

BILL NOA08170B
 
06/01/2017referred to codes
06/07/2017reported referred to rules
06/13/2017reported
06/13/2017rules report cal.267
06/13/2017ordered to third reading rules cal.267
06/14/2017amended on third reading (t) 8170a
06/15/2017amended on third reading 8170b
06/19/2017starred on calendar
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A08170 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8170B
 
SPONSOR: Lentol
  TITLE OF BILL: An act to amend the vehicle and traffic law and the correction law, in relation to criminal history of transportation network company drivers; and to amend the criminal procedure law, in relation to juvenile justice   PURPOSE OF BILL: This bill would clarify two provisions enacted as part of Chapter 59 of 2017. First, the bill would clarify that persons required to register as a sex offender are not eligible for a transportation network company (TNC) permit. Second, the bill would also clarify that only one applica- tion for the sealing of criminal records must be filed and fix a typo- graphical error.   SUMMARY OF PROVISIONS: OF BILL: Sections 1 and 2 clarify that.persons required to register as a sex offender are not eligible to receive a permit to drive a car for a TNC. Section 3 provides for a program in the division of criminal justice services to conduct sex offender registry searches of applicants for employment as drivers for a TNC. Section 4 clarifies that person applying for sealing of their criminal records, pursuant to provisions of law enacted in the SFY 2017-18 budg- et, are only required to file one application. Section 5 of the bill fixes a typographical error in the provisions of law dealing with applications to seal certain criminal records. Section 6 is the effective date.   JUSTIFICATION: There has been concern expressed that the legislation enacted as part of Chapter 59 of 2017 (SFY 2017-18 enacted budget) to permit TNCs to oper- ate in New York was not clear that persons required to register as sex offenders are not eligible for TNC permits. Therefore, this legislation clarifies the law to clearly provide that persons required to register as sex offenders are disqualified from driving for a TNC. It also creates a mechanism for TNCs to apply to the division of criminal justice to conduct a search of the sex offender registry for all appli- cants for employment as drivers, including level one sex offenders who are not listed on the public website. Also, such Chapter 59 of 2017 included a provision of law that allows for the sealing of certain, non-violent criminal records. The legis- lation allows for up to two convictions (no more than one felony) to be sealed by a court upon application. However, there is some conflicting language about the filing of an application for a person seeking to seal two convictions and whether multiple applications are required in such circumstance. Therefore, this bill clarifies that only one application is necessary. Further, the bill "fixes a typographical error in the legislation regarding the waiver of the ability to apply for sealing.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This Act will take effect immediately, provided, however, that sections one and two of this act shall take effect on the same date and in the same manner as section 2 of part AAA of chapter 59 of the laws of 2017, takes effect; provided further that sections four and five of this act shall take effect on the same date and in the same manner as section 48 of part WWW of chapter 59 of the laws of-2017, takes effect.
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A08170 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8170--B
                                                                   R. R. 267
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 1, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  LENTOL,  WALLACE, RAMOS, SKARTADOS, BARRETT,
          SKOUFIS, STIRPE, HUNTER, JONES, MURRAY, JENNE, SANTABARBARA, PICHARDO,
          JEAN-PIERRE, WOERNER, HARRIS, PELLEGRINO -- read once and referred  to
          the  Committee  on  Codes -- reported and referred to the Committee on
          Rules -- amended on  the  special  order  of  third  reading,  ordered
          reprinted  as  amended,  retaining  its  place on the special order of
          third reading -- again amended on  special  order  of  third  reading,
          ordered  reprinted,  retaining its place on the special order of third
          reading
 
        AN ACT to amend the vehicle and traffic law and the correction  law,  in
          relation  to  criminal history of transportation network company driv-
          ers; and to amend the criminal procedure law, in relation to  juvenile
          justice
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (b) of subdivision 1 of section 1696 of the vehi-
     2  cle and traffic law, as added by section 2 of part AAA of chapter 59  of
     3  the laws of 2017, is amended to read as follows:
     4    (b) The TNC shall not permit an applicant where such applicant:
     5    (i)  fails  to  meet  all  qualifications  pursuant to section sixteen
     6  hundred ninety-nine of this article;
     7    (ii) is a match in the United States Department  of  Justice  National
     8  Sex Offender Public Website;
     9    (iii) is listed on the sex offender registry pursuant to article six-C
    10  of the correction law;
    11    (iv) does not possess a valid New York driver's license;
    12    [(iv)]  (v) does not possess proof of registration for the motor vehi-
    13  cles used to provide TNC prearranged trips;
    14    [(v)] (vi) does not possess proof of  automobile  liability  insurance
    15  for  the  motor  vehicles used to provide TNC prearranged trips as a TNC
    16  vehicle; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13014-05-7

        A. 8170--B                          2
 
     1    [(vi)] (vii) is not at least nineteen years of age.
     2    § 2. Paragraph (b) of subdivision 2 of section 1699 of the vehicle and
     3  traffic law, as added by section 2 of part AAA of chapter 59 of the laws
     4  of 2017, is amended to read as follows:
     5    (b)  An applicant shall be disqualified to receive a TNC driver permit
     6  where he or she:
     7    (i) stands convicted in the last three years of:  unlawful  fleeing  a
     8  police  officer  in  a  motor  vehicle  in violation of sections 270.35,
     9  270.30 or 270.25 of the penal law,  reckless  driving  in  violation  of
    10  section  twelve  hundred twelve of this chapter, operating while license
    11  or privilege is suspended  or  revoked  in  violation  of  section  five
    12  hundred  eleven  of  this  chapter,  excluding subdivision seven of such
    13  section, a misdemeanor offense of operating a motor vehicle while  under
    14  the influence of alcohol or drugs in violation of section eleven hundred
    15  ninety-two  of  this  chapter,  or  leaving  the scene of an accident in
    16  violation of subdivision two of section six hundred of this chapter.  In
    17  calculating the three year period under this subparagraph, any period of
    18  time  during  which  the person was incarcerated after the commission of
    19  such offense shall be excluded and  such  three  year  period  shall  be
    20  extended  by  a  period or periods equal to the time spent incarcerated;
    21  [or]
    22    (ii) stands convicted in the last  seven  years  of:  [a  sex  offense
    23  defined  in  subdivision two of section one hundred sixty-eight-a of the
    24  correction law,] a felony offense defined in article one  hundred  twen-
    25  ty-five  of  the  penal law, a violent felony offense defined in section
    26  70.02 of the penal law, a class A felony offense defined  in  the  penal
    27  law,  a  felony  offense defined in section eleven hundred ninety-two of
    28  this chapter, [an offense for which registration as a  sex  offender  is
    29  required  pursuant  to  article  six-C  of  the  correction law,] or any
    30  conviction of an offense in any other  jurisdiction  that  has  all  the
    31  essential  elements of an offense listed in this subparagraph. In calcu-
    32  lating the seven year period under this subparagraph, any period of time
    33  during which the person was incarcerated after the  commission  of  such
    34  offense  shall  be excluded and such seven year period shall be extended
    35  by a period or periods equal to the time spent incarcerated; or
    36    (iii) is required to register as a sex offender  pursuant  to  article
    37  six-C of the correction law.
    38    §  3.  Section  168-p of the correction law is amended by adding a new
    39  subdivision 2-b to read as follows:
    40    2-b. The division shall establish a program allowing a  transportation
    41  network  company  (TNC),  as defined in section one thousand six hundred
    42  ninety-one of the vehicle and  traffic  law,  to  electronically  submit
    43  multiple  names, and other necessary identifying information as required
    44  by the division and in accordance with subdivision one of this  section,
    45  of  applicants applying to be TNC drivers for the purpose of determining
    46  whether such applicants are listed on the sex offender registry pursuant
    47  to this article. The division shall respond to  such  inquiry  electron-
    48  ically, within seventy-two hours, and notify such TNC of any such appli-
    49  cant  who  is listed on the registry pursuant to this article. The divi-
    50  sion  shall  promulgate  rules  and  regulations   necessary   for   the
    51  implementation  of  this  subdivision.  Such rules and regulations shall
    52  include a requirement that a TNC enter into a memorandum of  understand-
    53  ing  with  the  division which shall require pre-registration before the
    54  electronic submission  of  names  and  a  requirement  that  information
    55  obtained  by  a  TNC pursuant to this subdivision be used solely for the
    56  purposes of determining eligibility of an applicant for  a  TNC  permit,

        A. 8170--B                          3
 
     1  pursuant  to  sections one thousand six hundred ninety-six and one thou-
     2  sand six hundred ninety-nine of the vehicle and traffic law,  by  desig-
     3  nated  employees  of  such  TNC  and  that such information shall not be
     4  distributed or disclosed to any other person or to the public.
     5    §  4. Paragraph (a) of subdivision 2 of section 160.59 of the criminal
     6  procedure law, as added by section 48 of part WWW of chapter 59  of  the
     7  laws of 2017, is amended to read as follows:
     8    (a)  A defendant who has been convicted of up to two eligible offenses
     9  but not more than one felony offense may apply to the court in which  he
    10  or she was convicted of the most serious offense to have such conviction
    11  or  convictions sealed. If all offenses are offenses with the same clas-
    12  sification, the application shall be made to  the  court  in  which  the
    13  defendant was last convicted.
    14    §  5.  Subdivision 11 of section 160.59 of the criminal procedure law,
    15  as added by section 48 of part WWW of chapter 59 of the laws of 2017, is
    16  amended to read as follows:
    17    11. No defendant shall be required or permitted to  waive  eligibility
    18  for  sealing  pursuant  to  this  section  as  part of a plea of guilty,
    19  sentence or any agreement  related  to  a  conviction  for  an  eligible
    20  offense  and  any such waiver shall be deemed void and wholly [enforcea-
    21  ble] unenforceable.
    22    § 6. This act shall take effect immediately;  provided,  however  that
    23  sections  one and two of this act shall take effect on the same date and
    24  in the same manner as section 2 of part AAA of chapter 59 of the laws of
    25  2017, takes effect; provided further that sections four and five of this
    26  act shall take effect on the same date and in the same manner as section
    27  48 of part WWW of chapter 59 of the laws of 2017, takes effect.
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