S T A T E O F N E W Y O R K
________________________________________________________________________
6440
2009-2010 Regular Sessions
I N A S S E M B L Y
March 4, 2009
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Introduced by M. of A. AUBRY, ORTIZ, GREENE, MILLMAN, SCHROEDER, CLARK,
JAFFEE, ZEBROWSKI, PERALTA, TITONE, O'DONNELL, JEFFRIES, WRIGHT,
ESPAILLAT -- Multi-Sponsored by -- M. of A. BOYLAND, BRADLEY, CAHILL,
COOK, DIAZ, GLICK, GORDON, HEASTIE, JACOBS, KELLNER, MAISEL, PEOPLES,
PHEFFER, REILLY, ROBINSON -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to establishing no person
shall be required to divulge certain information pertaining to a
previous arrest or criminal accusation against such person
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 16 of section 296 of the executive law, as
amended by chapter 639 of the laws of 2007, 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 in connection with the licensing, employment or providing of
credit or insurance to such individual; provided, [however, that the]
FURTHER, NO PERSON SHALL BE REQUIRED TO DIVULGE INFORMATION PERTAINING
TO ANY ARREST OR CRIMINAL ACCUSATION OF SUCH INDIVIDUAL NOT THEN PENDING
AGAINST THAT INDIVIDUAL WHICH WAS FOLLOWED BY A TERMINATION OF THAT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07939-01-9
A. 6440 2
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 PROCEDURE LAW. THE
provisions [hereof] 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 member-
ship in any law enforcement agency with respect to any arrest or crimi-
nal accusation which was followed by a youthful offender adjudication,
as defined in subdivision one of section 720.35 of the criminal proce-
dure law, or by a conviction for a violation sealed pursuant to section
160.55 of the criminal procedure law.
S 2. This act shall take effect immediately.