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

                                  7014

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2011
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to preventing employment discrimination against persons whose
  criminal charges have been adjourned in contemplation of dismissal

  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
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 AN ORDER ADJOURNING THE CRIMINAL ACTION IN  CONTEMPLATION  OF
DISMISSAL,  PURSUANT TO SECTIONS 170.55 OR 170.56 OF THE CRIMINAL PROCE-
DURE LAW, or by a youthful offender adjudication, as defined in subdivi-
sion 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, in connection with the
licensing, employment or providing of credit or insurance to such  indi-
vidual;  provided,  further, that 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 criminal action or proceeding in favor of  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10654-01-1
              

A. 7014                             2

individual, as defined in subdivision two of section 160.50 of the crim-
inal  procedure  law,  OR  BY AN ORDER ADJOURNING THE CRIMINAL ACTION IN
CONTEMPLATION OF DISMISSAL, PURSUANT TO SECTIONS 170.55 OR 170.56 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 subdivi-
sions  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 enforcement 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 procedure law, or by a conviction which is sealed  pursuant  to
section  160.58  of  the  criminal procedure law.   FOR PURPOSES OF THIS
SUBDIVISION, AN ACTION WHICH HAS  BEEN  ADJOURNED  IN  CONTEMPLATION  OF
DISMISSAL,  PURSUANT TO SECTIONS 170.55 OR 170.56 OF THE CRIMINAL PROCE-
DURE LAW, SHALL NOT BE CONSIDERED A PENDING ACTION, UNLESS THE CASE  HAS
BEEN RESTORED TO THE CALENDAR.
  S 2. Subdivision 8 of section 170.55 of the criminal procedure law, as
added  by  chapter  134 of the laws of 1982 and as renumbered by chapter
683 of the laws of 1990, is amended to read as follows:
  8. The granting of an adjournment in contemplation of dismissal  shall
not  be  deemed  to  be a conviction or an admission of guilt. No person
shall suffer any disability or forfeiture as a result of such an  order.
UPON  GRANTING  THE ORDER OF ADJOURNMENT, THE ACTION SHALL BE CONSIDERED
TERMINATED IN THE DEFENDANT'S FAVOR  FOR  THE  PURPOSE  OF  OCCUPATIONAL
LICENSING  AS DEFINED BY SUBDIVISION FOUR OF SECTION SEVEN HUNDRED FIFTY
OF THE CORRECTION LAW. Upon the dismissal of the  accusatory  instrument
pursuant  to  this section, the arrest and prosecution shall be deemed a
nullity and the defendant shall be restored, in contemplation of law, to
the status he OR SHE occupied before his OR HER arrest and prosecution.
  S 3. Subdivision 4 of section 170.56 of the criminal procedure law, as
added by chapter 1042 of the  laws  of  1971,  is  amended  to  read  as
follows:
  4.   UPON THE GRANTING OF AN ORDER PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, THE ACTION SHALL BE CONSIDERED TERMINATED  IN  THE  DEFENDANT'S
FAVOR  FOR  THE PURPOSE OF OCCUPATIONAL LICENSING AS DEFINED BY SUBDIVI-
SION FOUR OF SECTION SEVEN HUNDRED FIFTY OF THE CORRECTION LAW. Upon the
granting of an order pursuant to subdivision three, the arrest and pros-
ecution shall be deemed a nullity and the defendant shall  be  restored,
in  contemplation of law, to the status he OR SHE occupied before his OR
HER arrest and prosecution.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.