Relates to removing the requirement to reveal certain past convictions including convictions pursuant to section 160.55, 160.58 or 160.59 of the criminal procedure law.
STATE OF NEW YORK
________________________________________________________________________
4151
2019-2020 Regular Sessions
IN SENATE
March 1, 2019
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the executive law, in relation to removing the require-
ment to reveal certain past convictions
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 amended by section 48-a of part WWW of chapter 59 of the laws of 2017,
3 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 a youthful offender adjudication, as defined in subdivision
14 one of section 720.35 of the criminal procedure law, or by a conviction
15 for a violation sealed pursuant to section 160.55 of the criminal proce-
16 dure law or by a conviction which is sealed pursuant to section 160.59
17 or 160.58 of the criminal procedure law, in connection with the licens-
18 ing, employment or providing of credit or insurance to such individual;
19 provided, further, that no person shall be required to divulge informa-
20 tion pertaining to any arrest or criminal accusation of such individual
21 not then pending against that individual which was followed by a termi-
22 nation of that criminal action or proceeding in favor of such individ-
23 ual, as defined in subdivision two of section 160.50 of the criminal
24 procedure law, or by a youthful offender adjudication, as defined in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10299-02-9
S. 4151 2
1 subdivision one of section 720.35 of the criminal procedure law, or by a
2 conviction for a violation sealed pursuant to section 160.55 of the
3 criminal procedure law, or by a conviction which is sealed pursuant to
4 section 160.58 or 160.59 of the criminal procedure law. Any individual
5 with a conviction which is sealed pursuant to sections 160.55, 160.58 or
6 160.59 of the criminal procedure law shall be permitted to answer in the
7 negative to the question "Have you ever been convicted of a crime or
8 violation?", or any question with the same substantive content. The
9 provisions of this subdivision shall not apply to the licensing activ-
10 ities of governmental bodies in relation to the regulation of guns,
11 firearms and other deadly weapons or in relation to an application for
12 employment as a police officer or peace officer as those terms are
13 defined in subdivisions thirty-three and thirty-four of section 1.20 of
14 the criminal procedure law; provided further that the provisions of this
15 subdivision shall not apply to an application for employment or member-
16 ship in any law enforcement agency with respect to any arrest or crimi-
17 nal accusation which was followed by a youthful offender adjudication,
18 as defined in subdivision one of section 720.35 of the criminal proce-
19 dure law, or by a conviction for a violation sealed pursuant to section
20 160.55 of the criminal procedure law, or by a conviction which is sealed
21 pursuant to section 160.58 or 160.59 of the criminal procedure law.
22 § 2. This act shall take effect immediately.
