STATE OF NEW YORK
________________________________________________________________________
3415
2023-2024 Regular Sessions
IN SENATE
January 31, 2023
___________
Introduced by Sen. MYRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law and the executive law, in relation to
prohibiting colleges from asking about an applicant's prior arrests or
convictions during the pre-admissions process
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new article 23-B
2 to read as follows:
3 ARTICLE 23-B
4 COLLEGE ADMISSIONS FOR PERSONS PREVIOUSLY CONVICTED
5 OF ONE OR MORE CRIMINAL OFFENSES
6 Section 770. Definitions.
7 771. Legislative intent.
8 772. Prohibition against inquiries about arrests that did not
9 result in a criminal conviction and criminal convictions
10 that have been sealed.
11 773. Pre-acceptance prohibition against inquiry into criminal
12 history.
13 774. Post-acceptance inquiry about criminal history permitted.
14 775. Inquiries into criminal history not required.
15 776. Enforcement.
16 § 770. Definitions. 1. "College" shall mean colleges, universities,
17 professional and technical schools and other institutions of higher
18 education authorized to confer degrees pursuant to subdivisions two,
19 three and eight of section two of the education law.
20 2. "Admissions decision-making process" shall mean submission of the
21 application and all aspects of the application process through admis-
22 sion.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06203-01-3
S. 3415 2
1 3. "Direct relationship" means that there is a substantial connection
2 between the nature of the crime for which the accepted individual was
3 convicted and the activity or aspect of campus life at issue and such
4 connection would create an unreasonable risk to the property or to the
5 safety or welfare of specific individuals or the campus as a whole if
6 the accepted student is permitted to participate with or without condi-
7 tions.
8 § 771. Legislative intent. College education plays a critical role in
9 developing good citizenship, creating economic and social opportunities,
10 and enhancing public safety by reducing the recidivism of individuals
11 with a criminal history record. Therefore, it is the public policy of
12 this state to promote the admission to college of individuals previously
13 convicted of one or more criminal offenses and to allow such individuals
14 to fully participate in all aspects of college life.
15 § 772. Prohibition against inquiries about arrests that did not result
16 in a criminal conviction and criminal convictions that have been sealed.
17 At no time during the admission decision-making process or while a
18 student is enrolled shall colleges make any inquiry or consider informa-
19 tion about any arrest or criminal accusation of an individual who is
20 applying for admission or has been admitted that was followed by a
21 termination of that criminal action or proceeding in favor of such indi-
22 vidual as defined in subdivision two of section 160.50 of the criminal
23 procedure law and section 375.1 of the family court act, or by a youth-
24 ful offender adjudication as defined in subdivision one of section
25 720.35 of the criminal procedure law, or by a juvenile delinquency adju-
26 dication as defined in subdivision one of section 380.1 of the family
27 court act, or by a conviction for a violation sealed or sealable pursu-
28 ant to section 160.55 of the criminal procedure law, or by a conviction
29 which is sealed pursuant to section 160.58 of the criminal procedure
30 law.
31 § 773. Pre-acceptance prohibition against inquiry into criminal histo-
32 ry. Colleges may not make any inquiry or consider information about an
33 individual's past criminal conviction or convictions at any time during
34 the application and admissions decision-making process.
35 § 774. Post-acceptance inquiry about criminal history permitted. 1.
36 After an individual has been admitted as a student, colleges may make
37 inquiries about and consider information about the individual's past
38 criminal conviction history for the purpose of offering supportive coun-
39 seling and services.
40 2. Colleges may also make inquiries about and consider information
41 about the individual's past criminal conviction history for the purpose
42 of making decisions about participation in activities and aspects of
43 campus life associated with the individual's status as a student,
44 including but not limited to housing. In making such inquiries and
45 considering such information:
46 (a) Colleges shall not use information about an admitted individual's
47 criminal conviction history to rescind an offer of admission.
48 (b) Colleges shall not establish outright bars to any activities or
49 participation in aspects of campus life based on an admitted individ-
50 ual's criminal conviction history. Instead, colleges must develop an
51 individualized process for determining whether or not there is a direct
52 relationship between the accepted individual's criminal conviction
53 history and the activity or aspect of campus life at issue. This indi-
54 vidualized process must be set forth in writing and must include consid-
55 eration of:
S. 3415 3
1 (i) the age of the individual at the time of the behavior underlying
2 the criminal conviction or convictions;
3 (ii) the time that has elapsed since the behavior underlying the crim-
4 inal conviction or convictions;
5 (iii) the nature of the conviction or convictions and whether it bears
6 a direct relationship to the activity or participation in aspects of
7 campus life at issue; and
8 (iv) any evidence of rehabilitation or good conduct produced by the
9 accepted individual.
10 (c) This individualized process must further provide an accepted indi-
11 vidual an opportunity to appeal any denial or limitation of access to
12 any activity or aspect of campus life. Colleges must further inform
13 accepted individuals of this process in writing, including their right
14 to provide evidence of rehabilitation and good conduct and their right
15 to appeal.
16 § 775. Inquiries into criminal history not required. This article does
17 not require colleges to make inquiries into or consider an individual's
18 criminal conviction history for any reason. If colleges elect to do so
19 for the purpose of determining if there is a direct relationship between
20 the accepted individual's conviction or convictions and activities or
21 participation in aspects of campus life, colleges must consider the
22 state's policy to promote the admission to college of individuals previ-
23 ously convicted of one or more criminal offenses and of allowing such
24 individuals full access to all aspects of college life.
25 § 776. Enforcement. Failure to comply with this section shall be an
26 unlawful discriminatory practice as defined in subdivision twenty-three
27 of section two hundred ninety-six of the executive law.
28 § 2. Section 296 of the executive law is amended by adding a new
29 subdivision 23 to read as follows:
30 23. It shall be an unlawful discriminatory practice for any college,
31 as defined in subdivision one of section seven hundred seventy of the
32 correction law, to make any inquiry into or consider information about
33 an individual's past arrest or conviction history at any time during the
34 application and admissions decision-making process or to rescind an
35 offer of admission based upon information about an individual's arrest
36 or conviction that occurred prior to admission.
37 § 3. This act shall take effect immediately.
