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.