Assembly Bill A2144

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2144
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SEPULVEDA, AUBRY, O'DONNELL, JAFFEE, RIVERA,
   CRESPO, ORTIZ, HEVESI, FAHY, COLTON, BLAKE -- Multi-Sponsored by -- M.
   of A. ARROYO, PERRY, STECK -- read once and referred to the  Committee
   on Correction
 
 AN  ACT  to  amend  the correction law, in relation to the definition of
   "direct  relationship"  for  the  purposes  of  article  23-A  of  the
   correction  law  regarding  the  licensure  and  employment of persons
   previously convicted of one or more criminal offenses
 
   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 A 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 responsibilities  necessarily  related
 to  the  license,  opportunity,  or  job in question AND SUCH CONNECTION
 WOULD CREATE AN UNREASONABLE RISK  TO  PROPERTY  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  EMPLOY-
 MENT OF SUCH PERSON.
   §  2.  Section 752 of the correction law, as amended by chapter 284 of
 the laws of 2007, is amended to read as follows:
   § 752. Unfair discrimination against persons previously  convicted  of
 one  or  more  criminal  offenses  prohibited.    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.
              

                                                            LBD07466-01-7

 A. 2144                             2
 
 upon  the  fact that the individual has previously been convicted of one
 or more criminal offenses, unless[:
   (1)] there is a direct relationship, AS SUCH TERM IS DEFINED IN SUBDI-
 VISION THREE OF SECTION SEVEN HUNDRED FIFTY OF THIS ARTICLE, between one
 or  more  of  the previous criminal offenses and the specific license or
 employment sought or held by the individual[; or
   (2) the issuance or continuation of the license  or  the  granting  or
 continuation  of  the  employment  would involve an unreasonable risk to
 property or to the safety or welfare  of  specific  individuals  or  the
 general public].
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.