assembly Bill A1270

2017-2018 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


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2018 advanced to third reading cal.689
Feb 27, 2018 reported
Jan 03, 2018 referred to correction
Jan 11, 2017 referred to correction

Co-Sponsors

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Multi-Sponsors

A1270 (ACTIVE) - Details

See Senate Version of this Bill:
S8689
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L; amd §313, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7593
2015-2016: A158
2019-2020: A5279, S2164

A1270 (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.

A1270 (ACTIVE) - Bill Text download pdf


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

                                  1270

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2017
                               ___________

Introduced  by  M.  of A. ROZIC, BARRON, BLAKE, COOK, GOTTFRIED, HOOPER,
  JAFFEE, MOSLEY, O'DONNELL, OTIS, PERRY, PICHARDO, SEPULVEDA, WALKER --
  Multi-Sponsored by -- M. of A. DAVILA, GLICK, PEOPLES-STOKES  --  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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