STATE OF NEW YORK
________________________________________________________________________
8689
IN SENATE
May 10, 2018
___________
Introduced by Sen. BAILEY -- 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 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
23 history record that he or she obtained pursuant to the rules and regu-
24 lations of the division of criminal justice services.
25 § 2. Subdivision 3 of section 313 of the education law is amended by
26 adding a new paragraph (f) to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00412-01-7
S. 8689 2
1 (f) No educational institution shall require an individual to provide
2 a copy of his or her criminal history record that he or she obtained
3 pursuant to the rules and regulations of the division of criminal
4 justice services.
5 § 3. This act shall take effect on the one hundred twentieth day after
6 it shall have become a law.
