S T A T E   O F   N E W   Y O R K
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                                  6067

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2011
                               ___________

Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
  Committee on Codes

AN ACT to amend the  executive  law,  in  relation  to  inquiries  about
  certain sealed convictions; and to repeal section 160.58 of the crimi-
  nal   procedure   law  relating  to  conditional  sealing  of  certain
  controlled substances, marihuana or specified offense convictions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 160.58 of the criminal procedure law is REPEALED.
  S 2. Subdivision 16 of section 296 of the executive law, as separately
amended  by section 3 of part N and section 14 of part AAA of chapter 56
of the laws of 2009, is amended to read as follows:
  16. It shall be an unlawful discriminatory  practice,  unless  specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
involved, any arrest or criminal accusation of such individual not  then
pending  against  that individual which was followed by a termination of
that criminal action or proceeding  in  favor  of  such  individual,  as
defined  in  subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined  in  subdivision
one  of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law [or by a conviction which is sealed pursuant to section  160.58
of  the  criminal  procedure  law],  in  connection  with the licensing,
employment or providing of  credit  or  insurance  to  such  individual;
provided,  further, that no person shall be required to divulge informa-
tion pertaining to any arrest or criminal accusation of such  individual
not  then pending against that individual which was followed by a termi-
nation of that criminal action or proceeding in favor of  such  individ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05115-01-1
              

A. 6067                             2

ual,  as  defined  in  subdivision two of section 160.50 of the criminal
procedure law, or by a youthful offender  adjudication,  as  defined  in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction  for  a  violation  sealed  pursuant to section 160.55 of the
criminal procedure law[, or by a conviction which is sealed pursuant  to
section  160.58  of  the criminal procedure law]. The provisions of this
subdivision shall not apply to the licensing activities of  governmental
bodies  in relation to the regulation of guns, firearms and other deadly
weapons or in relation to an application  for  employment  as  a  police
officer  or  peace  officer  as  those terms are defined in subdivisions
thirty-three and thirty-four of section 1.20 of the  criminal  procedure
law;  provided further that the provisions of this subdivision shall not
apply to an application for employment or membership in any law enforce-
ment agency with respect to any arrest or criminal accusation which  was
followed  by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a  conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law[, or by a conviction which is sealed pursuant to section 160.58
of the criminal procedure law].
  S 3. This act shall take effect immediately.