NY State Assembly Bill 2013-A4589A

Assembly Bill A4589A

2013-2014 Legislative Session

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	ordered to third reading cal.208 returned to assembly died in senate
Jun 11, 2013	referred to codes delivered to senate passed assembly
Jun 10, 2013	ordered to third reading rules cal.102 rules report cal.102 reported
Jun 05, 2013	reported referred to rules
Jun 04, 2013	reported referred to codes
May 30, 2013	print number 4589a
May 30, 2013	amend and recommit to correction
Feb 06, 2013	referred to correction

Bill Amendments

Original

A (Active)

co-Sponsors

multi-Sponsors

2013-A4589 - Details

Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L; amd §§170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7014
2015-2016: A1721
2017-2018: A4038
2019-2020: A6045
2021-2022: A7591
2023-2024: A7191

2013-A4589 - Summary

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal.

2013-A4589 - Bill Text download pdf

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

                                  4589

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced  by M. of A. O'DONNELL, AUBRY, CLARK -- Multi-Sponsored by --
  M. of A. SCARBOROUGH -- 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 SECTION 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06021-01-3

A. 4589                             2

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 crim-
inal procedure law, OR BY AN ORDER ADJOURNING  THE  CRIMINAL  ACTION  IN
CONTEMPLATION  OF DISMISSAL, PURSUANT TO SECTION 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 SECTION 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.

co-Sponsors

multi-Sponsors

2013-A4589A (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L; amd §§170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7014
2015-2016: A1721
2017-2018: A4038
2019-2020: A6045
2021-2022: A7591
2023-2024: A7191

2013-A4589A (ACTIVE) - Summary

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal.

2013-A4589A (ACTIVE) - Bill Text download pdf

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

                                 4589--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced  by M. of A. O'DONNELL, AUBRY, CLARK -- Multi-Sponsored by --
  M. of A.  SCARBOROUGH -- read once and referred to  the  Committee  on
  Correction -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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 SECTION 170.55, 170.56, 210.46, 210.47, OR 215.10
OF THE CRIMINAL PROCEDURE LAW, or 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 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 individual; provided, further, that no person shall be required  to
divulge  information  pertaining to any arrest or criminal accusation of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06021-02-3

A. 4589--A                          2

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  SECTION  170.55  OR
170.56  OF THE CRIMINAL PROCEDURE LAW, or by a youthful offender adjudi-
cation, 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  activ-
ities  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, 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  SECTION  170.55  OR 170.56 OF THE CRIMINAL
PROCEDURE 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 EMPLOYMENT AS
DEFINED BY SUBDIVISION FIVE  OF  SECTION  SEVEN  HUNDRED  FIFTY  OF  THE
CORRECTION  LAW  OR  LICENSE  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 prose-
cution 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 EMPLOYMENT AS DEFINED BY SUBDIVISION FIVE OF
SECTION SEVEN HUNDRED FIFTY OF  THE  CORRECTION  LAW  OR  A  LICENSE  AS
DEFINED  BY  SUBDIVISION  FOUR  OF  SECTION  SEVEN  HUNDRED FIFTY OF THE
CORRECTION LAW. Upon the granting of an order  pursuant  to  subdivision
three,  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 4. No provision of this act shall be construed to impair or diminish
any  rights an employee or licensee, or an applicant for employment or a

A. 4589--A                          3

license, may already possess pursuant to section 170.55 or 170.56 of the
criminal procedure law.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Assembly Bill A4589A

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Sponsored By

O'DONNELL

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Jeffrion Aubry

Barbara Clark

multi-Sponsors

William Scarborough

2013-A4589 - Details

2013-A4589 - Summary

2013-A4589 - Bill Text download pdf

co-Sponsors

Jeffrion Aubry

Barbara Clark

N. Nick Perry

Thomas Abinanti

multi-Sponsors

William Scarborough

2013-A4589A (ACTIVE) - Details

2013-A4589A (ACTIVE) - Summary

2013-A4589A (ACTIVE) - Bill Text download pdf

Comments