senate Bill S3357

2013-2014 Legislative Session

Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding certain licensures and employment

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to crime victims, crime and correction
Feb 01, 2013 referred to crime victims, crime and correction

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S3357 - Bill Details

See Assembly Version of this Bill:
A4887
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยงยง750 & 752, Cor L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S969, A5357
2009-2010: S4368B, A8065A

S3357 - Bill Texts

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Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.

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BILL NUMBER:S3357

TITLE OF BILL: 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

PURPOSE: This bill will curtail unlawful discriminatory practices
against persons with criminal records and help to ensure that employers
abide by the provisions of Article 23-A of the correction law.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the correction law to revise the definition
of "direct relationship" and to establish that a denial of employment or
a license based on a criminal record, must be based on the connection
between the specific duties or responsibilities of the job or license
and the nature of the criminal conviction. Such connection must create
an unreasonable risk to property or public safety.

Section 2 of the bill makes conforming changes to the corrections Law.

Section 3 of the bill provides that the act shall take effect on the
ninetieth day after it shall have become law.

JUSTIFICATION: Upon return to the community following incarceration,
individuals are expected to find and maintain gainful employment. Find-
ing effective ways to manage their reentry into the workforce is crit-
ical to promoting public safety and curbing recidivism rates and the
high costs of re-incarceration. Unfortunately, many employers maintain
blanket barriers to employment based solely on criminal conviction
records even when the conviction may be completely unrelated to the job
sought and no threat to the public or property is present.

Article 23-A of the correction law prohibits discrimination against a
person with a criminal record unless the duties or responsibilities of
the job or license sought are directly related to the conviction. This
bill will help to ensure that employers abide by the standards of Arti-
cle 23A and do not automatically disqualify applicants based only on a
criminal conviction.

LEGISLATIVE HISTORY: 2009-10: S.4368-B/A.8065-A (Aubry)- Referred to
Crime Victims, Crime and Correction
2009: Similar Legislation, A.5330, Was Referred to Assembly Corrections

FISCAL IMPLICATIONS: Successful re-entry and re-integration of formerly
incarcerated individuals will increase state revenues through the inclu-
sion of thousands of able bodied, 'taxpaying citizens' to the state's
workforce; additional savings to the state will be gained from a
reduction in costs associated with recidivism, re-incarceration and
social services.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act will take effect on the ninetieth day after it
shall have become law.

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

                                  3357

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by Sens. HASSELL-THOMPSON, DIAZ, KRUEGER, MONTGOMERY, PARKER
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Crime Victims, Crime and 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06006-01-3

S. 3357                             2

upon the fact that the individual has previously been convicted  of  one
or more criminal offenses, unless[:
  (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.

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