STATE OF NEW YORK
________________________________________________________________________
3205--A
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
___________
Introduced by Sen. SERRANO -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law and the criminal procedure law, in
relation to preventing employment discrimination against persons whose
criminal charges have been adjourned in contemplation of dismissal
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 separately amended by section 3 of part N and section 14 of part AAA of
3 chapter 56 of the laws of 2009, 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 an order adjourning the criminal action in contemplation of
14 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
15 of the criminal procedure law, or by a youthful offender adjudication,
16 as defined in subdivision one of section 720.35 of the criminal proce-
17 dure law, or by a conviction for a violation sealed pursuant to section
18 160.55 of the criminal procedure law or by a conviction which is sealed
19 pursuant to section 160.58 of the criminal procedure law, in connection
20 with the licensing, employment or providing of credit or insurance to
21 such individual; provided, further, that no person shall be required to
22 divulge information pertaining to any arrest or criminal accusation of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04923-03-7
S. 3205--A 2
1 such individual not then pending against that individual which was
2 followed by a termination of that criminal action or proceeding in favor
3 of such individual, as defined in subdivision two of section 160.50 of
4 the criminal procedure law, or by an order adjourning the criminal
5 action in contemplation of dismissal, pursuant to section 170.55 or
6 170.56 of the criminal procedure law, or by a youthful offender adjudi-
7 cation, as defined in subdivision one of section 720.35 of the criminal
8 procedure law, or by a conviction for a violation sealed pursuant to
9 section 160.55 of the criminal procedure law, or by a conviction which
10 is sealed pursuant to section 160.58 of the criminal procedure law. The
11 provisions of this subdivision shall not apply to the licensing activ-
12 ities of governmental bodies in relation to the regulation of guns,
13 firearms and other deadly weapons or in relation to an application for
14 employment as a police officer or peace officer as those terms are
15 defined in subdivisions thirty-three and thirty-four of section 1.20 of
16 the criminal procedure law; provided further that the provisions of this
17 subdivision shall not apply to an application for employment or member-
18 ship in any law enforcement agency with respect to any arrest or crimi-
19 nal accusation which was followed by a youthful offender adjudication,
20 as defined in subdivision one of section 720.35 of the criminal proce-
21 dure law, or by a conviction for a violation sealed pursuant to section
22 160.55 of the criminal procedure law, or by a conviction which is sealed
23 pursuant to section 160.58 of the criminal procedure law. For purposes
24 of this subdivision, an action which has been adjourned in contemplation
25 of dismissal, pursuant to section 170.55 or 170.56 of the criminal
26 procedure law, shall not be considered a pending action, unless the case
27 has been restored to the calendar.
28 § 2. Subdivision 16 of section 296 of the executive law, as amended by
29 section 48-a of part WWW of chapter 59 of the laws of 2017, is amended
30 to read as follows:
31 16. It shall be an unlawful discriminatory practice, unless specif-
32 ically required or permitted by statute, for any person, agency, bureau,
33 corporation or association, including the state and any political subdi-
34 vision thereof, to make any inquiry about, whether in any form of appli-
35 cation or otherwise, or to act upon adversely to the individual
36 involved, any arrest or criminal accusation of such individual not then
37 pending against that individual which was followed by a termination of
38 that criminal action or proceeding in favor of such individual, as
39 defined in subdivision two of section 160.50 of the criminal procedure
40 law, or by an order adjourning the criminal action in contemplation of
41 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
42 of the criminal procedure law, or by a youthful offender adjudication,
43 as defined in subdivision one of section 720.35 of the criminal proce-
44 dure law, or by a conviction for a violation sealed pursuant to section
45 160.55 of the criminal procedure law or by a conviction which is sealed
46 pursuant to section 160.59 or 160.58 of the criminal procedure law, in
47 connection with the licensing, employment or providing of credit or
48 insurance to such individual; provided, further, that no person shall be
49 required to divulge information pertaining to any arrest or criminal
50 accusation of such individual not then pending against that individual
51 which was followed by a termination of that criminal action or proceed-
52 ing in favor of such individual, as defined in subdivision two of
53 section 160.50 of the criminal procedure law, or by an order adjourning
54 the criminal action in contemplation of dismissal, pursuant to section
55 170.55 or 170.56 of the criminal procedure law, or by a youthful offen-
56 der adjudication, as defined in subdivision one of section 720.35 of the
S. 3205--A 3
1 criminal procedure law, or by a conviction for a violation sealed pursu-
2 ant to section 160.55 of the criminal procedure law, or by a conviction
3 which is sealed pursuant to section 160.58 or 160.59 of the criminal
4 procedure law. The provisions of this subdivision shall not apply to the
5 licensing activities of governmental bodies in relation to the regu-
6 lation of guns, firearms and other deadly weapons or in relation to an
7 application for employment as a police officer or peace officer as those
8 terms are defined in subdivisions thirty-three and thirty-four of
9 section 1.20 of the criminal procedure law; provided further that the
10 provisions of this subdivision shall not apply to an application for
11 employment or membership in any law enforcement agency with respect to
12 any arrest or criminal accusation which was followed by a youthful
13 offender adjudication, as defined in subdivision one of section 720.35
14 of the criminal procedure law, or by a conviction for a violation sealed
15 pursuant to section 160.55 of the criminal procedure law, or by a
16 conviction which is sealed pursuant to section 160.58 or 160.59 of the
17 criminal procedure law. For purposes of this subdivision, an action
18 which has been adjourned in contemplation of dismissal, pursuant to
19 section 170.55 or 170.56 of the criminal procedure law, shall not be
20 considered a pending action, unless the case has been restored to the
21 calendar.
22 § 3. Subdivision 8 of section 170.55 of the criminal procedure law, as
23 added by chapter 134 of the laws of 1982 and as renumbered by chapter
24 683 of the laws of 1990, is amended to read as follows:
25 8. The granting of an adjournment in contemplation of dismissal shall
26 not be deemed to be a conviction or an admission of guilt. No person
27 shall suffer any disability or forfeiture as a result of such an order.
28 Upon granting the order of adjournment, the action shall be considered
29 terminated in the defendant's favor for the purpose of employment as
30 defined by subdivision five of section seven hundred fifty of the
31 correction law or license as defined by subdivision four of section
32 seven hundred fifty of the correction law. Upon the dismissal of the
33 accusatory instrument pursuant to this section, the arrest and prose-
34 cution shall be deemed a nullity and the defendant shall be restored, in
35 contemplation of law, to the status he or she occupied before his or her
36 arrest and prosecution.
37 § 4. Subdivision 4 of section 170.56 of the criminal procedure law, as
38 added by chapter 1042 of the laws of 1971, is amended to read as
39 follows:
40 4. Upon the granting of an order pursuant to subdivision two of this
41 section, the action shall be considered terminated in the defendant's
42 favor for the purpose of employment as defined by subdivision five of
43 section seven hundred fifty of the correction law or a license as
44 defined by subdivision four of section seven hundred fifty of the
45 correction law. Upon the granting of an order pursuant to subdivision
46 three, the arrest and prosecution shall be deemed a nullity and the
47 defendant shall be restored, in contemplation of law, to the status he
48 or she occupied before his or her arrest and prosecution.
49 § 5. No provision of this act shall be construed to impair or diminish
50 any rights an employee or licensee, or an applicant for employment or a
51 license, may already possess pursuant to section 170.55 or 170.56 of the
52 criminal procedure law.
53 § 6. This act shall take effect on the ninetieth day after it shall
54 have become a law; provided however that section two of this act shall
55 take effect on the same date and in the same manner as section 48-a of
56 part WWW of chapter 59 of the laws of 2017, takes effect.
