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Assembly Bill A158

2015-2016 Legislative Session

Provides that certain entities may not require a person to provide a copy of his or her criminal history record under certain circumstances

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Archive: Last Bill Status - On Floor Calendar

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2015-A158 (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L; amd §313, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7593
2017-2018: A1270
2019-2020: A5279
2021-2022: A697
2023-2024: A6637

2015-A158 (ACTIVE) - Summary

Provides that certain entities may not require a person to provide a copy of his or her criminal history record under certain circumstances.

2015-A158 (ACTIVE) - Bill Text download pdf 

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

                                   158

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ROZIC, MOSLEY, SCARBOROUGH, PERRY, ROBERTS, HOOP-
  ER  -- Multi-Sponsored by -- M. of A. COOK, RODRIGUEZ -- read once and
  referred to the Committee on Correction

AN ACT to amend the executive law and the education law, in relation  to
  prohibiting  mandatory  disclosure  of  a  criminal  history record in
  certain circumstances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  15  of  section 296 of the executive law, as
amended by chapter 534 of the laws  of  2008,  is  amended  to  read  as
follows:
  15.  It  shall  be an unlawful discriminatory practice for any person,
agency, bureau, corporation or association, including the state and  any
political  subdivision thereof, to deny any license or employment to any
individual by reason of his or her having been convicted of one or  more
criminal  offenses,  or  by reason of a finding of a lack of "good moral
character" which is based upon his or her having been convicted  of  one
or  more  criminal  offenses,  when  such  denial is in violation of the
provisions of article twenty-three-A of  the  correction  law.  Further,
there  shall  be  a  rebuttable  presumption  in favor of excluding from
evidence the prior incarceration or conviction of any person, in a  case
alleging  that the employer has been negligent in hiring or retaining an
applicant or employee, or supervising a hiring manager, if after  learn-
ing  about  an applicant or employee's past criminal conviction history,
such employer has evaluated the  factors  set  forth  in  section  seven
hundred  fifty-two  of  the  correction law, and made a reasonable, good
faith determination that such factors  militate  in  favor  of  hire  or
retention  of  that  applicant  or  employee. NO PERSON, AGENCY, BUREAU,
CORPORATION, ASSOCIATION, THE STATE OR ANY POLITICAL SUBDIVISION  THERE-
OF, SHALL REQUIRE AN INDIVIDUAL TO PROVIDE A COPY OF HIS OR HER CRIMINAL

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

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