Assembly Bill A4887

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

                                  4887

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by  M.  of A. SEPULVEDA, AUBRY, O'DONNELL, STEVENSON -- 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.
                                                           LBD06006-01-3
              

A. 4887                             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.