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S00940 Summary:

S00940 Actions:

S00940 Committee Votes:

S00940 Floor Votes:

S00940 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           940
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     January 9, 2023
                                       ___________
 
        Introduced by Sens. BAILEY, MYRIE -- read twice and ordered printed, and
          when  printed  to  be committed to the Committee on Investigations and
          Government Operations
 
        AN ACT to amend the executive law and the education law, in relation  to
          prohibiting  mandatory  disclosure  of  a  criminal  history record in
          certain circumstances

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  15  of  section 296 of the executive law, as
     2  amended by chapter 534 of the laws  of  2008,  is  amended  to  read  as
     3  follows:
     4    15.  It  shall  be an unlawful discriminatory practice for any person,
     5  agency, bureau, corporation or association, including the state and  any
     6  political  subdivision thereof, to deny any license or employment to any
     7  individual by reason of his or her having been convicted of one or  more
     8  criminal  offenses,  or  by reason of a finding of a lack of "good moral
     9  character" which is based upon his or her having been convicted  of  one
    10  or  more  criminal  offenses,  when  such  denial is in violation of the
    11  provisions of article twenty-three-A of  the  correction  law.  Further,
    12  there  shall  be  a  rebuttable  presumption  in favor of excluding from
    13  evidence the prior incarceration or conviction of any person, in a  case
    14  alleging  that the employer has been negligent in hiring or retaining an
    15  applicant or employee, or supervising a hiring manager, if after  learn-
    16  ing  about  an applicant or employee's past criminal conviction history,
    17  such employer has evaluated the  factors  set  forth  in  section  seven
    18  hundred  fifty-two  of  the  correction law, and made a reasonable, good
    19  faith determination that such factors  militate  in  favor  of  hire  or
    20  retention  of  that  applicant  or  employee. No person, agency, bureau,
    21  corporation, association, the state or any political subdivision  there-
    22  of, shall require an individual to provide a copy of his or her criminal

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02489-01-3
        S. 940                              2
 
     1  history  record  that he or she obtained pursuant to the rules and regu-
     2  lations of the division of criminal justice services.
     3    §  2.  Subdivision 3 of section 313 of the education law is amended by
     4  adding a new paragraph (f) to read as follows:
     5    (f) No educational institution shall require an individual to  provide
     6  a  copy  of  his  or her criminal history record that he or she obtained
     7  pursuant to the rules  and  regulations  of  the  division  of  criminal
     8  justice services.
     9    § 3. This act shall take effect on the one hundred twentieth day after
    10  it shall have become a law.