S T A T E O F N E W Y O R K
________________________________________________________________________
259
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. ROZIC, ROBERTS, RIVERA, SCARBOROUGH -- Multi-
Sponsored by -- M. of A. ARROYO, BRENNAN, GOTTFRIED, PERRY -- read
once and referred to the Committee on Correction
AN ACT to amend the executive law, in relation to expanding the
protections to housing, higher education, and volunteer activity
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. (A) It shall be an unlawful discriminatory practice, unless
specifically required or permitted by statute, for any person, agency,
bureau, corporation or association, including the state and any poli-
tical subdivision thereof, OR ANY ENTITY SET FORTH IN PARAGRAPH (A) OF
SUBDIVISION FIVE OF THIS SECTION, OR ANY INSTITUTION OF HIGHER EDUCATION
AS DEFINED IN SECTION 50.1 OF TITLE 8 OF THE COMPILATION OF CODES, RULES
AND REGULATIONS OF NEW YORK;
(I) to make any inquiry about, whether in any form of application 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 AND
SECTION 375.1 OF THE FAMILY COURT ACT, or by a youthful offender adjudi-
cation, as defined in subdivision one of section 720.35 of the criminal
procedure law, OR BY A JUVENILE DELINQUENCY ADJUDICATION AS DEFINED IN
SUBDIVISION ONE OF SECTION 380.1 OF THE FAMILY COURT ACT, or by a
conviction for a violation sealed OR SEALABLE pursuant to section 160.55
of the criminal procedure law, or by a conviction which is sealed pursu-
ant to section 160.58 of the criminal procedure law[,];
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01736-01-5
A. 259 2
(II) in connection with the FOLLOWING MATTERS: THE licensing[,] OR
employment [or] OF SUCH INDIVIDUAL; THE SELLING, RENTING, OR LEASING OF
HOUSING TO SUCH INDIVIDUAL, OR HIS OR HER TENANCY OR OCCUPANCY; THE
ADMISSION OF SUCH INDIVIDUAL TO ANY COLLEGE, UNIVERSITY, OR OTHER INSTI-
TUTION OF HIGHER EDUCATION; THE CONSIDERATION OF SUCH INDIVIDUAL FOR A
VOLUNTEER POSITION, APPRENTICESHIP, INTERNSHIP OR EXTERNSHIP WHETHER
PAID OR UNPAID; AND THE providing of credit, A MORTGAGE or insurance to
such individual; [provided]
(B) PROVIDED, further, THAT IN CONNECTION WITH ANY OF THE MATTERS
LISTED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION that no
person shall be required to divulge information pertaining to 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 AND SECTION 375.1 OF THE
FAMILY COURT ACT, or by a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, OR BY A
JUVENILE DELINQUENCY ADJUDICATION AS DEFINED IN SUBDIVISION ONE OF
SECTION 380.1 OF THE FAMILY COURT ACT, or by a conviction for a
violation sealed OR SEALABLE 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 THE EVENT THAT AN ENTITY LISTED
IN PARAGRAPH (A) OF THIS SUBDIVISION MAKES A PROHIBITED INQUIRY, THE
AFFECTED PERSON SHALL BE PERMITTED TO RESPOND IN THE NEGATIVE.
(C) The provisions of this subdivision shall not apply to the licens-
ing activities 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.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.