| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 04, 2010 |
print number 4368b |
| Feb 04, 2010 |
amend and recommit to crime victims, crime and correction |
| Jan 06, 2010 |
referred to crime victims, crime and correction |
| Jul 16, 2009 |
committed to rules |
| May 20, 2009 |
advanced to third reading |
| May 19, 2009 |
2nd report cal. |
| May 18, 2009 |
1st report cal.347 |
| Apr 30, 2009 |
print number 4368a |
| Apr 30, 2009 |
amend (t) and recommit to crime victims, crime and correction |
| Apr 22, 2009 |
referred to crime victims, crime and correction |
Senate Bill S4368
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
Actions
Bill Amendments
2009-S4368 - Details
2009-S4368 - Sponsor Memo
BILL NUMBER: S4368 REVISED 04/29/09
TITLE OF BILL :
An act to amend the correction law, in relation to establishing that
it is an unlawful discriminatory practice for prospective employers to
make certain inquiries relating to criminal convictions
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.
co-Sponsors
(D) Senate District
(D, WF) Senate District
2009-S4368A - Details
2009-S4368A - Sponsor Memo
BILL NUMBER: S4368A REVISED 04/29/09
TITLE OF BILL :
An act to amend the correction law, in relation to establishing that
it is an unlawful discriminatory practice for prospective employers to
make certain inquiries relating to criminal convictions
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.
2009-S4368A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4368--A
2009-2010 Regular Sessions
I N S E N A T E
April 22, 2009
___________
Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Crime Victims,
Crime and Correction -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 AN IMMEDIATE AND
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 respon-
sibilities necessarily related to the license, opportunity, or job in
question AND SUCH CONNECTION WOULD CREATE AN UNREASONABLE RISK TO PROP-
ERTY 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 EMPLOYMENT 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.
LBD10994-02-9
co-Sponsors
(D) Senate District
2009-S4368B (ACTIVE) - Details
2009-S4368B (ACTIVE) - Sponsor Memo
BILL NUMBER: S4368B
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
2009-S4368B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4368--B
2009-2010 Regular Sessions
I N S E N A T E
April 22, 2009
___________
Introduced by Sens. HASSELL-THOMPSON, DIAZ, MONSERRATE -- read twice and
ordered printed, and when printed to be committed to the Committee on
Crime Victims, Crime and Correction -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Crime Victims, Crime and
Correction in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10994-05-0
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