senate Bill S3386

2013-2014 Legislative Session

Makes it an unlawful discriminatory practice for prospective employers to make certain inquiries relating to criminal convictions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
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

Co-Sponsors

S3386 - Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§750 & 752, Cor L; amd §296, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5428
2009-2010: A5330

S3386 - Summary

Establishes it shall be an unlawful discriminatory practice for any prospective employer to make an inquiry about, or to act upon adversely to the individual involved based upon, any criminal conviction of such individual unless such employer first makes a conditional offer of employment to such individual.

S3386 - Sponsor Memo

S3386 - Bill Text download pdf

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

                                  3386

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  MONTGOMERY  --  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 and the executive law, in relation to
  establishing  that  it  is  an  unlawful  discriminatory  practice for
  prospective employers to make certain inquiries relating  to  criminal
  convictions

  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  AN  IMMEDIATE  AND
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 respon-
sibilities necessarily related to the license, opportunity,  or  job  in
question  AND SUCH CONNECTION WOULD CREATE AN UNREASONABLE RISK TO PROP-
ERTY 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 EMPLOYMENT 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.   1. 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.
                                                           LBD05999-01-3

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