S T A T E   O F   N E W   Y O R K
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                                  1721

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  O'DONNELL,  AUBRY, CLARK, PERRY, ABINANTI --
  Multi-Sponsored by -- M.  of A. SCARBOROUGH -- read once and  referred
  to the Committee on Correction

AN  ACT  to  amend  the executive law and the criminal procedure law, in
  relation to preventing employment discrimination against persons whose
  criminal charges have been adjourned in contemplation of dismissal

  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.  It  shall  be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation 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,  OR  BY AN ORDER ADJOURNING THE CRIMINAL ACTION IN CONTEMPLATION OF
DISMISSAL, PURSUANT TO SECTION 170.55, 170.56, 210.46, 210.47, OR 215.10
OF THE CRIMINAL PROCEDURE LAW, or 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, in  connection
with  the  licensing,  employment or providing of credit or insurance to
such individual; provided, further, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04711-01-5
              

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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, OR  BY  AN  ORDER  ADJOURNING  THE  CRIMINAL
ACTION  IN  CONTEMPLATION  OF  DISMISSAL,  PURSUANT TO SECTION 170.55 OR
170.56 OF THE CRIMINAL PROCEDURE LAW, or by a youthful offender  adjudi-
cation,  as defined in subdivision one of section 720.35 of the criminal
procedure 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.  The
provisions  of  this subdivision shall not apply to the licensing activ-
ities 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.  FOR PURPOSES
OF THIS SUBDIVISION, AN ACTION WHICH HAS BEEN ADJOURNED IN CONTEMPLATION
OF DISMISSAL, PURSUANT TO SECTION  170.55  OR  170.56  OF  THE  CRIMINAL
PROCEDURE LAW, SHALL NOT BE CONSIDERED A PENDING ACTION, UNLESS THE CASE
HAS BEEN RESTORED TO THE CALENDAR.
  S 2. Subdivision 8 of section 170.55 of the criminal procedure law, as
added  by  chapter  134 of the laws of 1982 and as renumbered by chapter
683 of the laws of 1990, is amended to read as follows:
  8. The granting of an adjournment in contemplation of dismissal  shall
not  be  deemed  to  be a conviction or an admission of guilt. No person
shall suffer any disability or forfeiture as a result of such an  order.
UPON  GRANTING  THE ORDER OF ADJOURNMENT, THE ACTION SHALL BE CONSIDERED
TERMINATED IN THE DEFENDANT'S FAVOR FOR THE  PURPOSE  OF  EMPLOYMENT  AS
DEFINED  BY  SUBDIVISION  FIVE  OF  SECTION  SEVEN  HUNDRED FIFTY OF THE
CORRECTION LAW OR LICENSE AS DEFINED  BY  SUBDIVISION  FOUR  OF  SECTION
SEVEN  HUNDRED  FIFTY  OF  THE CORRECTION LAW. Upon the dismissal of the
accusatory instrument pursuant to this section, the  arrest  and  prose-
cution shall be deemed a nullity and the defendant shall be restored, in
contemplation of law, to the status he OR SHE occupied before his OR HER
arrest and prosecution.
  S 3. Subdivision 4 of section 170.56 of the criminal procedure law, as
added  by  chapter  1042  of  the  laws  of  1971, is amended to read as
follows:
  4.  UPON THE GRANTING OF AN ORDER PURSUANT TO SUBDIVISION TWO OF  THIS
SECTION,  THE  ACTION  SHALL BE CONSIDERED TERMINATED IN THE DEFENDANT'S
FAVOR FOR THE PURPOSE OF EMPLOYMENT AS DEFINED BY  SUBDIVISION  FIVE  OF
SECTION  SEVEN  HUNDRED  FIFTY  OF  THE  CORRECTION  LAW OR A LICENSE AS
DEFINED BY SUBDIVISION FOUR  OF  SECTION  SEVEN  HUNDRED  FIFTY  OF  THE
CORRECTION  LAW.  Upon  the granting of an order pursuant to subdivision
three, the arrest and prosecution shall be  deemed  a  nullity  and  the
defendant  shall  be restored, in contemplation of law, to the status he
OR SHE occupied before his OR HER arrest and prosecution.
  S 4. No provision of this act shall be construed to impair or diminish
any rights an employee or licensee, or an applicant for employment or  a

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license, may already possess pursuant to section 170.55 or 170.56 of the
criminal procedure law.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.