Assembly Bill A4887

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A4887 (ACTIVE) - Details

See Senate Version of this Bill:
S3357
Current Committee:
Senate Rules
Law Section:
Correction Law
Laws Affected:
Amd §§750 & 752, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8065, S4368
2011-2012: A5357, S969
2015-2016: A2734, S2096
2017-2018: A2144, S3351
2019-2020: A7937, S2196
2021-2022: A5213, S3361
2023-2024: A1923, S1278

2013-A4887 (ACTIVE) - 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.

2013-A4887 (ACTIVE) - Bill Text download pdf

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

                                  4887

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by  M.  of A. SEPULVEDA, AUBRY, O'DONNELL, STEVENSON -- read
  once and referred to the Committee on 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
upon the fact that the individual has previously been convicted  of  one
or more criminal offenses, unless[:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06006-01-3
              

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