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S06782 Summary:

BILL NOS06782
 
SAME ASSAME AS A08493
 
SPONSORCROCI
 
COSPNSRJACOBS, SERINO
 
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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S06782 Actions:

BILL NOS06782
 
06/16/2017REFERRED TO RULES
06/20/2017ORDERED TO THIRD READING CAL.2046
06/20/2017PASSED SENATE
06/20/2017DELIVERED TO ASSEMBLY
06/20/2017referred to codes
06/20/2017substituted for a8493
06/20/2017ordered to third reading rules cal.523
06/20/2017passed assembly
06/20/2017returned to senate
06/23/2017DELIVERED TO GOVERNOR
06/29/2017SIGNED CHAP.60
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S06782 Committee Votes:

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S06782 Floor Votes:

DATE:06/20/2017Assembly Vote  YEA/NAY: 143/0
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
ER
O'Donnell
Yes
Sepulveda
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simanowitz
Yes
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simon
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Simotas
Yes
Barclay
ER
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skartados
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Skoufis
Yes
Barrett
Yes
DenDekker
Yes
Hevesi
Yes
Malliotakis
Yes
Pellegrino
Yes
Solages
Yes
Barron
ER
Dickens
ER
Hikind
Yes
Mayer
Yes
Peoples-Stokes
Yes
Stec
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Perry
Yes
Steck
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pheffer Amato
Yes
Stirpe
Yes
Blake
Yes
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pichardo
Yes
Thiele
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Pretlow
Yes
Titone
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
ER
Quart
Yes
Titus
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Ra
Yes
Vanel
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Raia
Yes
Walker
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Ramos
Yes
Wallace
Yes
Buchwald
Yes
Finch
Yes
Joyner
Yes
Morelle
Yes
Richardson
Yes
Walsh
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rivera
Yes
Walter
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
Yes
Rodriguez
Yes
Weinstein
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rosenthal
Yes
Weprin
Yes
Carroll
ER
Gantt
Yes
Kolb
Yes
Murray
Yes
Rozic
Yes
Williams
Yes
Castorina
Yes
Garbarino
ER
Lalor
Yes
Niou
Yes
Ryan
Yes
Woerner
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Cook
Yes
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Schimminger
Yes
Zebrowski
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S06782 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6782
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      June 16, 2017
                                       ___________
 
        Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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
    17    [(vi)] (vii) is not at least nineteen years of age.
    18    § 2. Paragraph (b) of subdivision 2 of section 1699 of the vehicle and
    19  traffic law, as added by section 2 of part AAA of chapter 59 of the laws
    20  of 2017, is amended to read as follows:
    21    (b) An applicant shall be disqualified to receive a TNC driver  permit
    22  where he or she:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13256-01-7

        S. 6782                             2
 
     1    (i)  stands  convicted  in the last three years of: unlawful fleeing a
     2  police officer in a motor  vehicle  in  violation  of  sections  270.35,
     3  270.30  or  270.25  of  the  penal law, reckless driving in violation of
     4  section twelve hundred twelve of this chapter, operating  while  license
     5  or  privilege  is  suspended  or  revoked  in  violation of section five
     6  hundred eleven of this chapter,  excluding  subdivision  seven  of  such
     7  section,  a misdemeanor offense of operating a motor vehicle while under
     8  the influence of alcohol or drugs in violation of section eleven hundred
     9  ninety-two of this chapter, or leaving  the  scene  of  an  accident  in
    10  violation  of subdivision two of section six hundred of this chapter. In
    11  calculating the three year period under this subparagraph, any period of
    12  time during which the person was incarcerated after  the  commission  of
    13  such  offense  shall  be  excluded  and  such three year period shall be
    14  extended by a period or periods equal to the  time  spent  incarcerated;
    15  [or]
    16    (ii)  stands  convicted  in  the  last  seven years of: [a sex offense
    17  defined in subdivision two of section one hundred sixty-eight-a  of  the
    18  correction  law,]  a felony offense defined in article one hundred twen-
    19  ty-five of the penal law, a violent felony offense  defined  in  section
    20  70.02  of  the  penal law, a class A felony offense defined in the penal
    21  law, a felony offense defined in section eleven  hundred  ninety-two  of
    22  this  chapter,  [an  offense for which registration as a sex offender is
    23  required pursuant to article  six-C  of  the  correction  law,]  or  any
    24  conviction  of  an  offense  in  any other jurisdiction that has all the
    25  essential elements of an offense listed in this subparagraph. In  calcu-
    26  lating the seven year period under this subparagraph, any period of time
    27  during  which  the  person was incarcerated after the commission of such
    28  offense shall be excluded and such seven year period shall  be  extended
    29  by a period or periods equal to the time spent incarcerated; or
    30    (iii)  is  required  to register as a sex offender pursuant to article
    31  six-C of the correction law.
    32    § 3. Section 168-p of the correction law is amended by  adding  a  new
    33  subdivision 2-b to read as follows:
    34    2-b.  The  division shall maintain a program allowing a transportation
    35  network company (TNC), as defined in section one  thousand  six  hundred
    36  ninety-one  of  the  vehicle  and  traffic law, to electronically submit
    37  multiple names, and other necessary identifying information as  required
    38  by  the division and in accordance with subdivision one of this section,
    39  of applicants applying to be TNC drivers for the purpose of  determining
    40  whether such applicants are listed on the sex offender registry pursuant
    41  to  this  article.  The division shall respond to such inquiry electron-
    42  ically, within four business days, and  notify  such  TNC  of  any  such
    43  applicant  who is listed on the registry pursuant to this article. A TNC
    44  shall pre-register with the division before the electronic submission of
    45  names and shall agree in writing that  information  obtained  by  a  TNC
    46  pursuant  to this subdivision be used only for the purposes of determin-
    47  ing eligibility of an applicant for a TNC permit, pursuant  to  sections
    48  one  thousand  six hundred ninety-six and one thousand six hundred nine-
    49  ty-nine of the vehicle and traffic law, by designated employees of  such
    50  TNC  and  that  such  information  shall not be distributed or disclosed
    51  except as specifically authorized by law.
    52    § 4. Paragraph (a) of subdivision 2 of section 160.59 of the  criminal
    53  procedure  law,  as added by section 48 of part WWW of chapter 59 of the
    54  laws of 2017, is amended to read as follows:
    55    (a) A defendant who has been convicted of up to two eligible  offenses
    56  but  not more than one felony offense may apply to the court in which he

        S. 6782                             3
 
     1  or she was convicted of the most serious offense to have such conviction
     2  or convictions sealed. If all offenses are offenses with the same  clas-
     3  sification,  the  application  shall  be  made to the court in which the
     4  defendant was last convicted.
     5    §  5.  Subdivision 11 of section 160.59 of the criminal procedure law,
     6  as added by section 48 of part WWW of chapter 59 of the laws of 2017, is
     7  amended to read as follows:
     8    11. No defendant shall be required or permitted to  waive  eligibility
     9  for  sealing  pursuant  to  this  section  as  part of a plea of guilty,
    10  sentence or any agreement  related  to  a  conviction  for  an  eligible
    11  offense  and  any such waiver shall be deemed void and wholly [enforcea-
    12  ble] unenforceable.
    13    § 6. This act shall take effect immediately;  provided,  however  that
    14  sections  one and two of this act shall take effect on the same date and
    15  in the same manner as section 2 of part AAA of chapter 59 of the laws of
    16  2017, takes effect; provided further that sections four and five of this
    17  act shall take effect on the same date and in the same manner as section
    18  48 of part WWW of chapter 59 of the laws of 2017, takes effect.
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