|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|
senate Bill S3357
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3357 - Details
S3357 - Summary
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.
S3357 - Sponsor Memo
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,
S3357 - Bill Text download pdf
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
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