Assembly Bill A5357

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

                                  5357

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2011
                               ___________

Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. HEVESI --
  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.
                                                           LBD04690-01-1
              

A. 5357                             2

  (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.