senate Bill S969

Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding certain licensures and employment

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 12 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.

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Bill Details

See Assembly Version of this Bill:
A5357
Versions:
S969
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Correction Law
Laws Affected:
Amd ยงยง750 & 752, Cor L
Versions Introduced in 2009-2010 Legislative Cycle:
S4368B, A8065A

Sponsor Memo

BILL NUMBER:S969 REVISED 01/10/2011

TITLE OF BILL:
An act
to amend the correction law, in relation to
the definition of "direct relationship" for the purposes of article
23-A of the correction law regarding the licensure and employment
of persons previously convicted of one or more criminal offenses

PURPOSE:
This bill will curtail unlawful discriminatory practices against
persons with criminal records and help to ensure that employers abide
by the provisions of Article 23-A of the correction law.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the correction law to revise the
definition of "direct relationship" and to establish that a denial of
employment or a license based on a criminal record, must be based on
the connection between the specific duties or responsibilities of the
job or license and the nature of the criminal conviction. Such
connection must create an unreasonable risk to property or public
safety.

Section 2 of the bill makes conforming changes to the corrections Law.

Section 3 of the bill provides that the act shall take effect on the
ninetieth day after it shall have become law.

JUSTIFICATION:
Upon return to the community following incarceration, individuals are
expected to find and maintain gainful employment. Finding effective
ways to manage their reentry into the workforce is critical to
promoting public safety and curbing recidivism rates and the high
costs of reincarceration. Unfortunately, many employers maintain
blanket barriers to employment based solely on criminal conviction
records even when the conviction may be completely unrelated to the
job sought and no threat to the public or property is present.

Article 23-A of the correction law prohibits discrimination against a
person with a criminal record unless the duties or responsibilities
of the job or license sought are directly related to the conviction.
This bill will help to ensure that employers abide by the standards
of Article 23-A and do not automatically disqualify applicants based
only on a criminal conviction.

LEGISLATIVE HISTORY:

2009-10: S.4368-B/A.8065-A (Aubry)- Referred to Crime Victims, Crime and
Correction
2009: Similar Legislation, A.5330, Was Referred to
Assembly Corrections

FISCAL IMPLICATIONS:
Successful re-entry and re-integration of formerly incarcerated
individuals will increase state revenues through the inclusion of
thousands of able bodied, 'taxpaying citizens' to the state's
workforce; additional savings to the state will be gained from a
reduction in costs associated with recidivism, re-incarceration and
social services.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act will take effect on the ninetieth day after it shall have
become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   969

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  DIAZ -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims, Crime and Correction

AN  ACT  to  amend  the correction law, in relation to the definition of
  "direct  relationship"  for  the  purposes  of  article  23-A  of  the
  correction  law  regarding  the  licensure  and  employment of persons
  previously convicted of one or more criminal offenses

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

  Section  1.  Subdivision  3  of  section 750 of the correction law, as
amended by chapter 284 of the laws  of  2007,  is  amended  to  read  as
follows:
  (3) "Direct relationship" means that THERE IS A SUBSTANTIAL CONNECTION
BETWEEN  the nature of [criminal conduct] THE CRIME for which the person
was convicted [has a direct bearing on his fitness or ability to perform
one or more of] AND the duties or responsibilities  necessarily  related
to  the  license,  opportunity,  or  job in question AND SUCH CONNECTION
WOULD CREATE AN UNREASONABLE RISK  TO  PROPERTY  OR  TO  THE  SAFETY  OR
WELFARE  OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC UPON THE ISSUANCE
OR CONTINUATION OF A LICENSE OR THE GRANTING OR CONTINUATION OF  EMPLOY-
MENT OF SUCH PERSON.
  S  2.  Section 752 of the correction law, as amended by chapter 284 of
the laws of 2007, is amended to read as follows:
  S 752. Unfair discrimination against persons previously  convicted  of
one  or  more  criminal  offenses  prohibited.    No application for any
license or employment, and no employment or license held by an  individ-
ual,  to  which  the provisions of this article are applicable, shall be
denied or acted upon adversely by reason of the individual's having been
previously convicted of one or more criminal offenses, or by reason of a
finding of lack of "good moral character" when  such  finding  is  based

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04690-01-1

S. 969                              2

upon  the  fact that the individual has previously been convicted of one
or more criminal offenses, unless[:
  (1)] there is a direct relationship, AS SUCH TERM IS DEFINED IN SUBDI-
VISION THREE OF SECTION SEVEN HUNDRED FIFTY OF THIS ARTICLE, between one
or  more  of  the previous criminal offenses and the specific license or
employment sought or held by the individual[; or
  (2) the issuance or continuation of the license  or  the  granting  or
continuation  of  the  employment  would involve an unreasonable risk to
property or to the safety or welfare  of  specific  individuals  or  the
general public].
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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