Miller B, McDonough, Morinello, Salka, Reilly, Durso
MLTSPNSR
Amd §§1699 & 1696, V & T L
Requires that a person shall be disqualified from receiving a transportation network company permit if he or she is convicted of a sex offense and such disqualification shall last the duration of time for which he or she is required to register as a sex offender.
STATE OF NEW YORK
________________________________________________________________________
3893
2021-2022 Regular Sessions
IN ASSEMBLY
January 28, 2021
___________
Introduced by M. of A. DeSTEFANO, B. MILLER, McDONOUGH, MORINELLO,
SALKA, REILLY -- read once and referred to the Committee on Transpor-
tation
AN ACT to amend the vehicle and traffic law, in relation to criminal
history background check of transportation network company drivers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (b) and (c) of subdivision 2 of section 1699 of
2 the vehicle and traffic law, paragraph (b) as amended by chapter 60 of
3 the laws of 2017 and paragraph (c) as added by section 2 of part AAA of
4 chapter 59 of the laws of 2017, are 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 (ii) stands convicted in the last seven years of: a felony offense
22 defined in article one hundred twenty-five of the penal law, a violent
23 felony offense defined in section 70.02 of the penal law, a class A
24 felony offense defined in the penal law, a felony offense defined in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08100-01-1
A. 3893 2
1 section eleven hundred ninety-two of this chapter, or any conviction of
2 an offense in any other jurisdiction that has all the essential elements
3 of an offense listed in this subparagraph. In calculating the seven year
4 period under this subparagraph, any period of time during which the
5 person was incarcerated after the commission of such offense shall be
6 excluded and such seven year period shall be extended by a period or
7 periods equal to the time spent incarcerated; or
8 (iii) stands convicted of a sex offense defined in subdivision two of
9 section one hundred sixty-eight-a of the correction law or any other
10 offense for which the person is required to register as a sex offender
11 pursuant to article six-C of the correction law for the duration of time
12 for which they are required to register as a sex offender pursuant to
13 such article.
14 (c) A criminal history record that contains criminal conviction infor-
15 mation that does not disqualify an applicant pursuant to subparagraphs
16 (i) [or], (ii) or (iii) of paragraph (b) of this subdivision, shall be
17 reviewed and considered according to the provisions of article
18 twenty-three-A of the correction law and subdivisions fifteen and
19 sixteen of section two hundred ninety-six of the executive law in deter-
20 mining whether or not the applicant should be issued a TNC driver's
21 permit.
22 § 2. Subdivision 1 of section 1696 of the vehicle and traffic law is
23 amended by adding a new paragraph (g) to read as follows:
24 (g) Notwithstanding any provision of law to the contrary, the depart-
25 ment of criminal justice services shall permit a TNC, or a third party
26 on behalf of a TNC, that is subject to the provisions of this section to
27 access the New York state sex offender registry by electronic means.
28 § 3. This act shall take effect on the ninetieth day after it shall
29 have become a law. Effective immediately, the addition, amendment and/or
30 repeal of any rule or regulation necessary for the implementation of
31 this act on its effective date are authorized to be made and completed
32 on or before such effective date.
