A03050 Summary:

BILL NOA03050
 
SAME ASNo Same As
 
SPONSORBichotte
 
COSPNSRVanel, Mosley, Barron, Ortiz
 
MLTSPNSR
 
Amd 8-107 & 8-102, NYC Ad Cd; amd 750, 751, 752, 753, 754 & Art 23-A Head, ren 755 to be 756, add 755, Cor L; amd 170.55 & 170.56, CP L; amd 296, Exec L; amd 390-e, Soc Serv L
 
Relates to prohibiting discrimination based on arrest record or criminal conviction.
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A03050 Actions:

BILL NOA03050
 
01/25/2017referred to correction
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A03050 Committee Votes:

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A03050 Floor Votes:

There are no votes for this bill in this legislative session.
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A03050 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3050
 
SPONSOR: Bichotte
  TITLE OF BILL: An act to amend the administrative code of the city of New York, the correction law, the criminal procedure law, the executive law and the social services law, in relation to prohibiting discrimination based on one's arrest record or criminal conviction   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to prevent individuals who have a history of incarceration from being discriminated against before a conditional job offer is granted.   SUMMARY OF SPECIFIC PROVISIONS: (d) It will be unlawful to discriminate, unless specifically required by law, for any person to make any inquiry or statement about an appli- cant's arrest or conviction record until after the person has deemed the applicant otherwise qualified and decided to extend a conditional offer of employment. After inquiring about the applicant's arrest or conviction record but before taking any adverse employment action based on such inquiry, the person must: (i) provide a written copy of the inquiry to the applicant; (ii) perform an analysis of the applicant under article twenty-three-A of the correction law and provide a written copy of such analysis to the applicant; and (iii) after giving the applicant the documents pursuant to paragraphs (i) and (ii) of this subdivision, allow the applicant a reasonable time (iii) after giving the applicant the documents pursuant to paragraphs to respond, which shall be no less than seven business days. During this time, the person must hold the position open for the applicant but, after the time has passed, need not wait for a response. (e) Any person who fails to comply with paragraph (d) of this subdivi- sion (16) sixteen of section (296) two hundred ninety-six of (article 15 of) the (New York state) executive law; or(b) make any inquiry as defined in subdivision ten of this section in writing or otherwise, regarding any arrest or criminal accusation of an applicant or employee when such inquiry is in violation of subdivision (16) sixteen of section (296) two hundred ninety-six of (article 15 of) the (New York state) executive law.   JUSTIFICATION: This bill will allow employers to get to know a potential employee before any knowledge of a criminal history, thereby granting the poten- tial employee a fair chance of receiving a job offer.   PRIOR LEGISLATIVE HISTORY: This is new legislation.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A03050 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3050
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 25, 2017
                                       ___________
 
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Correction
 
        AN  ACT  to  amend  the administrative code of the city of New York, the
          correction law, the criminal procedure law, the executive law and  the
          social  services  law, in relation to prohibiting discrimination based
          on one's arrest record or criminal conviction
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivisions 10 and 11 of section 8-107 of the administra-
     2  tive code of the city of New York, as amended by local law number 63  of
     3  the city of New  York for the year 2015, are amended to read as follows:
     4    10.  Criminal  conviction;  employment.  (a)  It  shall be an unlawful
     5  discriminatory practice for any employer,  employment  agency  or  agent
     6  thereof  to deny employment to any person or take adverse action against
     7  any employee by reason of such person or employee having been  convicted
     8  of one or more criminal offenses, or by reason of a finding of a lack of
     9  "good moral character" which is based on:
    10    (i) such person or employee having been convicted of one or more crim-
    11  inal offenses, when such denial or adverse action is in violation of the
    12  provisions  of article [twenty-three-a] twenty-three-A of the correction
    13  law regardless of when  such  conviction  occurred,  including  if  such
    14  conviction  occurred while such person was employed at the job at issue;
    15  or
    16    (ii) such person or employee having a final judgment of guilt  entered
    17  for  a  felony  more than ten years ago and a misdemeanor more than five
    18  years ago. These periods of time shall be measured from the  date  judg-
    19  ment  was  entered  or the release from incarceration, whichever date is
    20  later, until the date of the adverse action in question.  Criminal  acts
    21  committed outside the state shall be classified as felonies or misdemea-
    22  nors committed within the state based on the maximum sentence that could
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02253-01-7

        A. 3050                             2
 
     1  have  been  imposed  for  such conviction under the laws of such foreign
     2  jurisdiction.
     3    (b)  For  purposes of this subdivision, "employment" shall not include
     4  employment as a police officer or a peace officer as defined in  section
     5  2.10 of the criminal procedure law.
     6    (c)  Pursuant  to  section seven hundred [fifty-five] fifty-six of the
     7  correction law, the provisions of this subdivision shall be  enforceable
     8  against  public  agencies  by  a  proceeding brought pursuant to article
     9  seventy-eight of the [Civil Practice Law and Rules] civil  practice  law
    10  and  rules,  and the provisions of this subdivision shall be enforceable
    11  against private employers by the commission through  the  administrative
    12  procedure provided for in this chapter or as provided in chapter five of
    13  this title. For purposes of this paragraph only, the terms "public agen-
    14  cy"  and  "private  employer" shall have the meaning given such terms in
    15  section seven hundred fifty of the correction law.
    16    11. Arrest record; employment. It shall be an unlawful  discriminatory
    17  practice,  unless  specifically  required or permitted by any other law,
    18  for any person to:
    19    (a) deny employment to any applicant or act adversely upon any employ-
    20  ee by reason of an arrest or criminal accusation of  such  applicant  or
    21  employee  when such denial or adverse action is in violation of subdivi-
    22  sion [16] sixteen of section [296] two hundred ninety-six of [article 15
    23  of] the [New York state] executive law; or
    24    (b) make any inquiry as defined in subdivision ten of this section  in
    25  writing  or otherwise, regarding any arrest or criminal accusation of an
    26  applicant or employee when such inquiry is in violation  of  subdivision
    27  [16]  sixteen of section [296] two hundred ninety-six of [article 15 of]
    28  the [New York state] executive law.
    29    § 2. Subparagraph (iii) of paragraph (b) and paragraphs (d) and (e) of
    30  subdivision 11-a of section 8-107 of the administrative code of the city
    31  of New York, as added by local law number 63 of the city of New York for
    32  the year 2015, are amended to read as follows:
    33    (iii) after giving the applicant the inquiry and analysis  in  writing
    34  pursuant  to  subparagraphs  (i)  and (ii) of this paragraph, allows the
    35  applicant a reasonable time to respond, which  shall  be  no  less  than
    36  [three]  seven  business  days  and during this time, holds the position
    37  open for the applicant.
    38    (d) An applicant shall not be required to respond to  any  inquiry  or
    39  statement  that  violates  paragraph  (a)  of  this  subdivision and any
    40  refusal to respond to such inquiry or statement shall not disqualify  an
    41  applicant  from  the prospective employment.   Nothing in this paragraph
    42  shall prohibit an  applicant  from  voluntarily  disclosing  information
    43  pertaining to his or her criminal history.
    44    (e)  This  subdivision  shall  not  apply  to  any actions taken by an
    45  employer or agent thereof pursuant to any state, federal  or  local  law
    46  that requires criminal background checks for employment purposes or bars
    47  employment  based  on  criminal  history. For purposes of this paragraph
    48  federal law shall include rules or regulations promulgated by a self-re-
    49  gulatory organization as defined in section 3(a)(26) of  the  securities
    50  exchange act of 1934, as amended.  A person who is required to perform a
    51  criminal  background  check  pursuant to federal, state or local law may
    52  inform the applicant that the prospective license, permit, or employment
    53  is subject to a background check and that the person  is  prohibited  by
    54  law  from  licensing,  permitting, or employing individuals with certain
    55  criminal convictions, though such prohibition may be lifted by a certif-

        A. 3050                             3
 
     1  icate of relief from disabilities or certificate of good  conduct  under
     2  article twenty-three of the correction law.
     3    §  3. Section 8-102 of the administrative code of the city of New York
     4  is amended by adding a new subdivision 33 to read as follows:
     5    33. "Criminal offense" means any offense as defined in  section  55.10
     6  of the penal law.
     7    §  4.  Subdivisions  2  and 5 of section 750 of the correction law, as
     8  added by chapter 931 of the laws of 1976, are amended and a new subdivi-
     9  sion 6 is added to read as follows:
    10    (2) "Private employer" means any person, company,  corporation,  labor
    11  organization or association which employs [ten] four or more persons.
    12    (5)  "Employment" means any occupation, vocation or employment, or any
    13  form of vocational or  educational  training.  Provided,  however,  that
    14  "employment"  shall  not,  for  the  purposes  of  this article, include
    15  [membership in any law enforcement agency] employment as a police  offi-
    16  cer or a peace officer as defined in section 2.10 of the criminal proce-
    17  dure law.
    18    (6)  "Criminal  offense" means any offense as defined in section 55.10
    19  of the penal law.
    20    § 5. Section 751 of the correction law, as amended by chapter  284  of
    21  the laws of 2007, is amended to read as follows:
    22    §  751.  Applicability.  The provisions of this article shall apply to
    23  any application by any person for a license or employment at any  public
    24  or private employer, who is currently charged with or who has previously
    25  been  convicted of one or more criminal offenses in this state or in any
    26  other jurisdiction, and to any license or employment held by any  person
    27  whose  pending arrest for or conviction of one or more criminal offenses
    28  in this state or in any other jurisdiction preceded such  employment  or
    29  granting  of  a  license,  and  to any license or employment held by any
    30  person whose pending arrest for or conviction of one  or  more  criminal
    31  offenses  in this state or in any other jurisdiction occurred during the
    32  period of such employment or granting  of  a  license,  except  where  a
    33  mandatory forfeiture, disability or bar to employment is imposed by law,
    34  and  has  not been removed by an executive pardon, certificate of relief
    35  from disabilities or certificate of good conduct. Nothing in this  arti-
    36  cle  shall  be  construed  to affect any right an employer may have with
    37  respect to an intentional misrepresentation in connection with an appli-
    38  cation for employment made by a prospective employee or previously  made
    39  by a current employee.
    40    §  6.  Section 752 of the correction law, as amended by chapter 284 of
    41  the laws of 2007, is amended to read as follows:
    42    § 752. Unfair discrimination against persons [previously] charged with
    43  or convicted of one or more criminal offenses prohibited. No application
    44  for any license or employment, and no employment or license held  by  an
    45  individual,  to  which  the  provisions  of this article are applicable,
    46  shall be denied or acted upon adversely by reason  of  the  individual's
    47  having  been charged with one or more offenses or having been [previous-
    48  ly] convicted of one or more criminal offenses, or by reason of a  find-
    49  ing  of  lack  of "good moral character" when such finding is based upon
    50  the fact that the individual  has  [previously]  been  charged  with  or
    51  convicted of one or more criminal offenses, unless:
    52    (1)  there is a direct relationship between one or more of the [previ-
    53  ous] criminal offenses and the specific license or employment sought  or
    54  held by the individual; [or] and
    55    (2)  the  issuance  or  continuation of the license or the granting or
    56  continuation of the employment would involve  an  unreasonable  risk  to

        A. 3050                             4
 
     1  property  or  to  the  safety  or welfare of specific individuals or the
     2  general public.
     3    §  7.  The  article  heading of article 23-A of the correction law, as
     4  added by chapter 931 of the laws of 1976, is amended to read as follows:
 
     5              LICENSURE AND EMPLOYMENT OF PERSONS [PREVIOUSLY]
     6                 CONVICTED OF ONE OR MORE CRIMINAL OFFENSES
 
     7    § 8. The section heading and subdivision  1  of  section  753  of  the
     8  correction  law,  as added by chapter 931 of the laws of 1976, paragraph
     9  (b) of subdivision 1 as amended by chapter 284 of the laws of 2007,  are
    10  amended to read as follows:
    11    Factors  to  be  considered concerning a [previous] criminal charge or
    12  conviction; presumption.  1.  In  making  a  determination  pursuant  to
    13  section  seven  hundred  fifty-two of this chapter, the public agency or
    14  private employer shall consider the following factors:
    15    (a) The public policy of this state, as  expressed  in  this  act,  to
    16  encourage  the  licensure and employment of persons [previously] charged
    17  with or convicted of one or more criminal offenses.
    18    (b) The specific duties and responsibilities  necessarily  related  to
    19  the license or employment sought or held by the person.
    20    (c)  The  bearing,  if any, the criminal offense or offenses for which
    21  the person was [previously] charged with or convicted will have  on  his
    22  fitness  or  ability  to perform one or more such duties or responsibil-
    23  ities.
    24    (d) The time which has elapsed since the occurrence  of  the  criminal
    25  offense or offenses.
    26    (e)  The  age  of the person at the time of occurrence of the criminal
    27  offense or offenses.
    28    (f) The seriousness of the offense or offenses.
    29    (g) Any information produced by the person, or produced on his behalf,
    30  in regard to his rehabilitation and good conduct.
    31    (h) The legitimate interest of the public agency or  private  employer
    32  in  protecting property, and the safety and welfare of specific individ-
    33  uals or the general public.
    34    § 9. Section 753 of the correction law is  amended  by  adding  a  new
    35  subdivision 3 to read as follows:
    36    3. A presumption of rehabilitation in regard to an offense or offenses
    37  previously committed shall exist:
    38    (a)  with  regard to one or more previous felony convictions, when the
    39  person so convicted has not been convicted of any additional  crimes  in
    40  the  ten years following entry of judgment or release from jail or pris-
    41  on, whichever date is latest; and
    42    (b) with regard to one or more previous misdemeanor convictions,  when
    43  the  person so convicted has not been convicted of any additional crimes
    44  in the five years following entry of judgment or release  from  jail  or
    45  prison, whichever date is latest.
    46    §  10.  Section  754 of the correction law, as added by chapter 931 of
    47  the laws of 1976, is amended to read as follows:
    48    § 754. Written statement upon denial of license or employment  or  has
    49  been subject to adverse employment action.  At the request of any person
    50  [previously]  charged with or convicted of one or more criminal offenses
    51  who has been denied a license or employment, a public agency or  private
    52  employer  shall  provide,  within  thirty  days  of a request, a written
    53  statement setting forth the reasons for such denial or  adverse  employ-
    54  ment action.

        A. 3050                             5
 
     1    §  11.  The  correction  law is amended by adding a new section 755 to
     2  read as follows:
     3    §  755. Arrest and conviction records; employer inquiries. 1. It shall
     4  be an unlawful discriminatory  practice  for  any  employer,  employment
     5  agency or agent thereof to:
     6    (a)  Declare,  print  or circulate or cause to be declared, printed or
     7  circulated  any  solicitation,  advertisement  or   publication,   which
     8  expresses,  directly  or indirectly, any limitation, or specification in
     9  employment based on a person's arrest or criminal conviction; or
    10    (b) Make any inquiry or statement related to  the  pending  arrest  or
    11  criminal conviction record of any person who is in the process of apply-
    12  ing  for employment with such employer or agent thereof until after such
    13  employer or agent thereof has extended a conditional offer of employment
    14  to the applicant.
    15    (c) For purposes of this section:
    16    (1) with respect to an applicant for temporary employment at a  tempo-
    17  rary  help  firm  as such term is defined by subdivision five of section
    18  nine hundred sixteen of the labor law, an offer  to  be  placed  in  the
    19  temporary  help  firm's general candidate pool shall constitute a condi-
    20  tional offer of employment;
    21    (2) "any inquiry" means any question communicated to an  applicant  in
    22  writing  or  otherwise, or any searches of publicly available records or
    23  consumer reports that are conducted for  the  purpose  of  obtaining  an
    24  applicant's criminal background information; and
    25    (3)  "any  statement"  means  a  statement  communicated in writing or
    26  otherwise to the applicant for  purposes  of  obtaining  an  applicant's
    27  criminal  background information regarding: (i) an arrest record; (ii) a
    28  conviction record; or (iii) a criminal background check.
    29    2. After extending an applicant a conditional offer of employment,  an
    30  employer,  employment  agency  or  agent  thereof  may inquire about the
    31  applicant's arrest or conviction record if  before  taking  any  adverse
    32  employment action based on such inquiry, the employer, employment agency
    33  or agent thereof:
    34    (a)  provides  a  written  copy  of  the inquiry to the applicant in a
    35  manner to be determined by the division of  criminal  justice  services,
    36  and  advises  the  applicant  that  he  or  she may submit any available
    37  evidence of rehabilitation or good conduct since the  offense  in  ques-
    38  tion,  which  shall  be  considered in the analysis performed under this
    39  article;
    40    (b) performs an analysis of  the  applicant  under  this  article  and
    41  provides a written copy of such analysis to the applicant in a manner to
    42  be  determined by the division of criminal justice services, and advises
    43  the applicant that he or she may submit any available evidence of  reha-
    44  bilitation or good conduct since the offense in question, which shall be
    45  considered  in  the  analysis  performed under this article, which shall
    46  include but not be limited to supporting documents that formed the basis
    47  for an adverse action based on  such  analysis  and  the  employer's  or
    48  employment  agency's  reasons for taking any adverse action against such
    49  applicant; and
    50    (c) after giving the applicant the inquiry  and  analysis  in  writing
    51  pursuant  to  paragraphs  (a)  and  (b)  of this subdivision, allows the
    52  applicant a reasonable time to respond, which  shall  be  no  less  than
    53  seven  business  days  and during this time, holds the position open for
    54  the applicant.
    55    3. Nothing in this section shall prevent an employer, employment agen-
    56  cy or agent thereof from taking adverse action against any  employee  or

        A. 3050                             6
 
     1  denying employment to any applicant for reasons other than such employee
     2  or applicant's arrest or criminal conviction record.
     3    4.  An  applicant  shall  not be required to respond to any inquiry or
     4  statement that violates subdivision one of this section and any  refusal
     5  to  respond to such inquiry or statement or any response in the negative
     6  to such inquiry shall not disqualify an applicant from  the  prospective
     7  employment.
     8    5. This section shall not apply to any actions taken by an employer or
     9  agent  thereof that are required pursuant to any state, federal or local
    10  law that requires criminal background checks for employment purposes  or
    11  bars  employment  based  on criminal history. For purposes of this para-
    12  graph federal law shall include rules or regulations  promulgated  by  a
    13  self-regulatory organization as defined in section 3(a)(26) of the secu-
    14  rities  exchange  act  of 1934, as amended.  A person who is required to
    15  perform a criminal background check pursuant to federal, state or  local
    16  law  may  inform  the applicant that the prospective license, permit, or
    17  employment is subject to a background  check  and  that  the  person  is
    18  prohibited  by  law from licensing, permitting, or employing individuals
    19  with certain criminal convictions, though such prohibition may be lifted
    20  by a certificate of relief from  disabilities  or  certificate  of  good
    21  conduct under article twenty-three of this chapter.
    22    6. This section shall not apply to any actions taken by an employer or
    23  agent thereof with regard to an applicant for employment:
    24    (a)  as  a police officer or peace officer, as defined in subdivisions
    25  thirty-three and thirty-four of section 1.20 of the  criminal  procedure
    26  law; or
    27    (b)  in  a  position  that involves law enforcement, is susceptible to
    28  bribery or other corruption, as determined by the state police or  other
    29  agency selected by the governor, or entails the provision of services to
    30  or safeguarding of persons who, because of age, disability, infirmity or
    31  other  condition,  are vulnerable to abuse, as determined by the Justice
    32  Center for Persons with Special Needs or other agency  selected  by  the
    33  governor.  If an employer takes adverse action against any applicant for
    34  such  position  based  on  the applicant's arrest or criminal conviction
    35  record, it shall still provide a written copy of such analysis performed
    36  under this article to the applicant in a form and manner  to  be  deter-
    37  mined by the division.
    38    7.  The provisions of this section shall be enforceable against public
    39  agencies and against private employers by a proceeding brought  pursuant
    40  to  article  fifteen of the executive law. For purposes of this subdivi-
    41  sion only, the terms "public agency" and "private employer"  shall  have
    42  the  meaning  given  such  terms  in section seven hundred fifty of this
    43  article.
    44    § 12. Section 755 of the correction law, as added by  chapter  931  of
    45  the laws of 1976, is renumbered 756 and amended to read as follows:
    46    § 756. Enforcement. [1. In relation to actions by public agencies, the
    47  provisions  of this article shall be enforceable by a proceeding brought
    48  pursuant to article seventy-eight of the civil practice law and rules.
    49    2. In relation to actions by private employers, the] The provisions of
    50  this article shall be enforceable by the division of human rights pursu-
    51  ant to the powers and procedures set forth in  article  fifteen  of  the
    52  executive  law,  and,  concurrently,  by the New York city commission on
    53  human rights.
    54    § 13. Subdivision 8 of section 170.55 of the criminal  procedure  law,
    55  as  added  by  chapter 134 of the laws of 1982 and renumbered by chapter
    56  683 of the laws of 1990, is amended to read as follows:

        A. 3050                             7
 
     1    8. (a) The granting of an adjournment in  contemplation  of  dismissal
     2  shall  not  be  deemed  to  be a conviction or an admission of guilt. No
     3  person shall suffer any disability or forfeiture as a result of such  an
     4  order.  Upon the dismissal of the accusatory instrument pursuant to this
     5  section,  the  arrest  and prosecution shall be deemed a nullity and the
     6  defendant shall be restored, in contemplation of law, to the  status  he
     7  occupied before his arrest and prosecution.
     8    (b)  For  purposes  of  employment  and  licensing, the granting of an
     9  adjournment in contemplation of dismissal shall be considered  a  termi-
    10  nation  of the matter in the defendant's favor and no adverse employment
    11  action may be based on a case that has been adjourned  in  contemplation
    12  of dismissal.
    13    §  14.  Section  170.56  of  the  criminal procedure law is amended by
    14  adding a new subdivision 5 to read as follows:
    15    5. For purposes of  employment  and  licensing,  the  granting  of  an
    16  adjournment  in  contemplation of dismissal shall be considered a termi-
    17  nation of the matter in the defendant's favor and no adverse  employment
    18  action  may  be based on a case that has been adjourned in contemplation
    19  of dismissal.
    20    § 15. Subdivision 16 of section 296 of the executive law, as separate-
    21  ly amended by section 3 of part N and section 14 of part AAA of  chapter
    22  56 of the laws of 2009, is amended to read as follows:
    23    16.  (a)  It  shall  be  an  unlawful  discriminatory practice, unless
    24  specifically required or permitted by statute, for any  person,  agency,
    25  bureau,  corporation  or  association, including the state and any poli-
    26  tical subdivision thereof, to make any inquiry  about,  whether  in  any
    27  form  of application or otherwise, or to act upon adversely to the indi-
    28  vidual involved, any arrest or criminal accusation  of  such  individual
    29  not  then pending against that individual which was followed by a termi-
    30  nation of that criminal action or proceeding in favor of  such  individ-
    31  ual,  as  defined  in  subdivision two of section 160.50 of the criminal
    32  procedure law, or by a youthful offender  adjudication,  as  defined  in
    33  subdivision one of section 720.35 of the criminal procedure law, or by a
    34  conviction  for  a  violation  sealed  pursuant to section 160.55 of the
    35  criminal procedure law or by a conviction which is  sealed  pursuant  to
    36  section  160.58  of  the  criminal procedure law, in connection with the
    37  licensing, employment or providing of credit or insurance to such  indi-
    38  vidual,  or  by  the  granting  of  an  adjournment  in contemplation of
    39  dismissal pursuant to article one hundred seventy of the criminal proce-
    40  dure law; provided, further, that no person shall be required to divulge
    41  information pertaining to any arrest  or  criminal  accusation  of  such
    42  individual  not  then pending against that individual which was followed
    43  by a termination of that criminal action or proceeding in favor of  such
    44  individual, as defined in subdivision two of section 160.50 of the crim-
    45  inal  procedure  law, or by a youthful offender adjudication, as defined
    46  in subdivision one of section 720.35 of the criminal procedure  law,  or
    47  by a conviction for a violation sealed pursuant to section 160.55 of the
    48  criminal  procedure  law, or by a conviction which is sealed pursuant to
    49  section 160.58 of the criminal procedure law, or by the granting  of  an
    50  adjournment  in  contemplation  of  dismissal  pursuant  to  article one
    51  hundred seventy of the criminal procedure law.  The provisions  of  this
    52  subdivision  shall not apply to the licensing activities of governmental
    53  bodies in relation to the regulation of guns, firearms and other  deadly
    54  weapons  or  in  relation  to  an application for employment as a police
    55  officer or peace officer as those  terms  are  defined  in  subdivisions
    56  thirty-three  and  thirty-four of section 1.20 of the criminal procedure

        A. 3050                             8
 
     1  law; provided further that the provisions of this subdivision shall  not
     2  apply to an application for employment or membership in any law enforce-
     3  ment  agency with respect to any arrest or criminal accusation which was
     4  followed  by a youthful offender adjudication, as defined in subdivision
     5  one of section 720.35 of the criminal procedure law, or by a  conviction
     6  for a violation sealed pursuant to section 160.55 of the criminal proce-
     7  dure  law, or by a conviction which is sealed pursuant to section 160.58
     8  of the criminal procedure law, or by the granting of an  adjournment  in
     9  contemplation  of  dismissal  pursuant to article one hundred seventy of
    10  the criminal procedure law.
    11    (b) Any person subjected to an inquiry concerning any arrest or crimi-
    12  nal accusation in violation of the provisions of this section  shall  be
    13  entitled  to  respond  in  the  negative  to such question if responding
    14  otherwise would require disclosures relating to a  case  that  has  been
    15  sealed or otherwise terminated in favor of the person, and such negative
    16  response,  even  if  technically  false,  may not be used as a basis for
    17  adverse employment action.
    18    § 16. Subdivision 7 of section 390-e of the social  services  law,  as
    19  added by chapter 459 of the laws of 2006, is amended to read as follows:
    20    7.  Upon  the  request  of  any  person  [previously]  charged with or
    21  convicted of one or more criminal offenses who has been  denied  employ-
    22  ment  pursuant to subdivision six of this section, the mentoring program
    23  shall provide, within thirty days of such request, a  written  statement
    24  setting  forth  the  reasons  for  such  denial.  Any such person denied
    25  employment pursuant to subdivision six of this section shall be afforded
    26  the opportunities for enforcement available pursuant  to  section  seven
    27  hundred [fifty-five] fifty-six of the correction law.
    28    §  17.  This act shall take effect on the ninetieth day after it shall
    29  have become a law.
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