S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3050
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2017
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Correction
 
 AN  ACT  to  amend  the administrative code of the city of New York, the
   correction law, the criminal procedure law, the executive law and  the
   social  services  law, in relation to prohibiting discrimination based
   on one's arrest record or criminal conviction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 10 and 11 of section 8-107 of the administra-
 tive code of the city of New York, as amended by local law number 63  of
 the city of New  York for the year 2015, are amended to read as follows:
   10.  Criminal  conviction;  employment.  (a)  It  shall be an unlawful
 discriminatory practice for any employer,  employment  agency  or  agent
 thereof  to deny employment to any person or take adverse action against
 any employee by reason of such person or employee 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 on:
   (I) such person or employee having been convicted of one or more crim-
 inal offenses, when such denial or adverse action is in violation of the
 provisions  of article [twenty-three-a] TWENTY-THREE-A of the correction
 law REGARDLESS OF WHEN  SUCH  CONVICTION  OCCURRED,  INCLUDING  IF  SUCH
 CONVICTION  OCCURRED WHILE SUCH PERSON WAS EMPLOYED AT THE JOB AT ISSUE;
 OR
   (II) SUCH PERSON OR EMPLOYEE HAVING A FINAL JUDGMENT OF GUILT  ENTERED
 FOR  A  FELONY  MORE THAN TEN YEARS AGO AND A MISDEMEANOR MORE THAN FIVE
 YEARS AGO. THESE PERIODS OF TIME SHALL BE MEASURED FROM THE  DATE  JUDG-
 MENT  WAS  ENTERED  OR THE RELEASE FROM INCARCERATION, WHICHEVER DATE IS
 LATER, UNTIL THE DATE OF THE ADVERSE ACTION IN QUESTION.  CRIMINAL  ACTS
 COMMITTED OUTSIDE THE STATE SHALL BE CLASSIFIED AS FELONIES OR MISDEMEA-
 NORS COMMITTED WITHIN THE STATE BASED ON THE MAXIMUM SENTENCE THAT COULD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02253-01-7
              

 A. 3050                             2
 
 HAVE  BEEN  IMPOSED  FOR  SUCH CONVICTION UNDER THE LAWS OF SUCH FOREIGN
 JURISDICTION.
   (b)  For  purposes of this subdivision, "employment" shall not include
 EMPLOYMENT AS A POLICE OFFICER OR A PEACE OFFICER AS DEFINED IN  SECTION
 2.10 OF THE CRIMINAL PROCEDURE LAW.
   (c)  Pursuant  to  section seven hundred [fifty-five] FIFTY-SIX of the
 correction law, the provisions of this subdivision shall be  enforceable
 against  public  agencies  by  a  proceeding brought pursuant to article
 seventy-eight of the [Civil Practice Law and Rules] CIVIL  PRACTICE  LAW
 AND  RULES,  and the provisions of this subdivision shall be enforceable
 against private employers by the commission through  the  administrative
 procedure provided for in this chapter or as provided in chapter five of
 this title. For purposes of this paragraph only, the terms "public agen-
 cy"  and  "private  employer" shall have the meaning given such terms in
 section seven hundred fifty of the correction law.
   11. Arrest record; employment. It shall be an unlawful  discriminatory
 practice,  unless  specifically  required or permitted by any other law,
 for any person to:
   (a) deny employment to any applicant or act adversely upon any employ-
 ee by reason of an arrest or criminal accusation of  such  applicant  or
 employee  when such denial or adverse action is in violation of subdivi-
 sion [16] SIXTEEN of section [296] TWO HUNDRED NINETY-SIX of [article 15
 of] the [New York state] executive law; or
   (b) make any inquiry AS DEFINED IN SUBDIVISION TEN OF THIS SECTION  in
 writing  or otherwise, regarding any arrest or criminal accusation of an
 applicant or employee when such inquiry is in violation  of  subdivision
 [16]  SIXTEEN of section [296] TWO HUNDRED NINETY-SIX of [article 15 of]
 the [New York state] executive law.
   § 2. Subparagraph (iii) of paragraph (b) and paragraphs (d) and (e) of
 subdivision 11-a of section 8-107 of the administrative code of the city
 of New York, as added by local law number 63 of the city of New York for
 the year 2015, are amended to read as follows:
   (iii) after giving the applicant the inquiry and analysis  in  writing
 pursuant  to  subparagraphs  (i)  and (ii) of this paragraph, allows the
 applicant a reasonable time to respond, which  shall  be  no  less  than
 [three]  SEVEN  business  days  and during this time, holds the position
 open for the applicant.
   (d) An applicant shall not be required to respond to  any  inquiry  or
 statement  that  violates  paragraph  (a)  of  this  subdivision and any
 refusal to respond to such inquiry or statement shall not disqualify  an
 applicant  from  the prospective employment.   NOTHING IN THIS PARAGRAPH
 SHALL PROHIBIT AN  APPLICANT  FROM  VOLUNTARILY  DISCLOSING  INFORMATION
 PERTAINING TO HIS OR HER CRIMINAL HISTORY.
   (e)  This  subdivision  shall  not  apply  to  any actions taken by an
 employer or agent thereof pursuant to any state, federal  or  local  law
 that requires criminal background checks for employment purposes or bars
 employment  based  on  criminal  history. For purposes of this paragraph
 federal law shall include rules or regulations promulgated by a self-re-
 gulatory organization as defined in section 3(a)(26) of  the  securities
 exchange act of 1934, as amended.  A PERSON WHO IS REQUIRED TO PERFORM A
 CRIMINAL  BACKGROUND  CHECK  PURSUANT TO FEDERAL, STATE OR LOCAL LAW MAY
 INFORM THE APPLICANT THAT THE PROSPECTIVE LICENSE, PERMIT, OR EMPLOYMENT
 IS SUBJECT TO A BACKGROUND CHECK AND THAT THE PERSON  IS  PROHIBITED  BY
 LAW  FROM  LICENSING,  PERMITTING, OR EMPLOYING INDIVIDUALS WITH CERTAIN
 CRIMINAL CONVICTIONS, THOUGH SUCH PROHIBITION MAY BE LIFTED BY A CERTIF-

 A. 3050                             3
 
 ICATE OF RELIEF FROM DISABILITIES OR CERTIFICATE OF GOOD  CONDUCT  UNDER
 ARTICLE TWENTY-THREE OF THE CORRECTION LAW.
   §  3. Section 8-102 of the administrative code of the city of New York
 is amended by adding a new subdivision 33 to read as follows:
   33. "CRIMINAL OFFENSE" MEANS ANY OFFENSE AS DEFINED IN  SECTION  55.10
 OF THE PENAL LAW.
   §  4.  Subdivisions  2  and 5 of section 750 of the correction law, as
 added by chapter 931 of the laws of 1976, are amended and a new subdivi-
 sion 6 is added to read as follows:
   (2) "Private employer" means any person, company,  corporation,  labor
 organization or association which employs [ten] FOUR or more persons.
   (5)  "Employment" means any occupation, vocation or employment, or any
 form of vocational or  educational  training.  Provided,  however,  that
 "employment"  shall  not,  for  the  purposes  of  this article, include
 [membership in any law enforcement agency] EMPLOYMENT AS A POLICE  OFFI-
 CER OR A PEACE OFFICER AS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCE-
 DURE LAW.
   (6)  "CRIMINAL  OFFENSE" MEANS ANY OFFENSE AS DEFINED IN SECTION 55.10
 OF THE PENAL LAW.
   § 5. Section 751 of the correction law, as amended by chapter  284  of
 the laws of 2007, is amended to read as follows:
   §  751.  Applicability.  The provisions of this article shall apply to
 any application by any person for a license or employment at any  public
 or private employer, who IS CURRENTLY CHARGED WITH OR WHO has previously
 been  convicted of one or more criminal offenses in this state or in any
 other jurisdiction, and to any license or employment held by any  person
 whose  PENDING ARREST FOR OR conviction of one or more criminal offenses
 in this state or in any other jurisdiction preceded such  employment  or
 granting  of  a  license,  AND  TO ANY LICENSE OR EMPLOYMENT HELD BY ANY
 PERSON WHOSE PENDING ARREST FOR OR CONVICTION OF ONE  OR  MORE  CRIMINAL
 OFFENSES  IN THIS STATE OR IN ANY OTHER JURISDICTION OCCURRED DURING THE
 PERIOD OF SUCH EMPLOYMENT OR GRANTING  OF  A  LICENSE,  except  where  a
 mandatory forfeiture, disability or bar to employment is imposed by law,
 and  has  not been removed by an executive pardon, certificate of relief
 from disabilities or certificate of good conduct. Nothing in this  arti-
 cle  shall  be  construed  to affect any right an employer may have with
 respect to an intentional misrepresentation in connection with an appli-
 cation for employment made by a prospective employee or previously  made
 by a current employee.
   §  6.  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] CHARGED WITH
 OR convicted of one or more criminal offenses prohibited. No application
 for any license or employment, and no employment or license held  by  an
 individual,  to  which  the  provisions  of this article are applicable,
 shall be denied or acted upon adversely by reason  of  the  individual's
 HAVING  BEEN CHARGED WITH ONE OR MORE OFFENSES OR having been [previous-
 ly] convicted of one or more criminal offenses, or by reason of a  find-
 ing  of  lack  of "good moral character" when such finding is based upon
 the fact that the individual  has  [previously]  been  CHARGED  WITH  OR
 convicted of one or more criminal offenses, unless:
   (1)  there is a direct relationship between one or more of the [previ-
 ous] criminal offenses and the specific license or employment sought  or
 held by the individual; [or] AND
   (2)  the  issuance  or  continuation of the license or the granting or
 continuation of the employment would involve  an  unreasonable  risk  to

 A. 3050                             4
 
 property  or  to  the  safety  or welfare of specific individuals or the
 general public.
   §  7.  The  article  heading of article 23-A of the correction law, as
 added by chapter 931 of the laws of 1976, is amended to read as follows:
 
             LICENSURE AND EMPLOYMENT OF PERSONS [PREVIOUSLY]
                CONVICTED OF ONE OR MORE CRIMINAL OFFENSES
 
   § 8. The section heading and subdivision  1  of  section  753  of  the
 correction  law,  as added by chapter 931 of the laws of 1976, paragraph
 (b) of subdivision 1 as amended by chapter 284 of the laws of 2007,  are
 amended to read as follows:
   Factors  to  be  considered concerning a [previous] criminal CHARGE OR
 conviction; presumption.  1.  In  making  a  determination  pursuant  to
 section  seven  hundred  fifty-two of this chapter, the public agency or
 private employer shall consider the following factors:
   (a) The public policy of this state, as  expressed  in  this  act,  to
 encourage  the  licensure and employment of persons [previously] CHARGED
 WITH OR convicted of one or more criminal offenses.
   (b) The specific duties and responsibilities  necessarily  related  to
 the license or employment sought or held by the person.
   (c)  The  bearing,  if any, the criminal offense or offenses for which
 the person was [previously] CHARGED WITH OR convicted will have  on  his
 fitness  or  ability  to perform one or more such duties or responsibil-
 ities.
   (d) The time which has elapsed since the occurrence  of  the  criminal
 offense or offenses.
   (e)  The  age  of the person at the time of occurrence of the criminal
 offense or offenses.
   (f) The seriousness of the offense or offenses.
   (g) Any information produced by the person, or produced on his behalf,
 in regard to his rehabilitation and good conduct.
   (h) The legitimate interest of the public agency or  private  employer
 in  protecting property, and the safety and welfare of specific individ-
 uals or the general public.
   § 9. Section 753 of the correction law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3. A PRESUMPTION OF REHABILITATION IN REGARD TO AN OFFENSE OR OFFENSES
 PREVIOUSLY COMMITTED SHALL EXIST:
   (A)  WITH  REGARD TO ONE OR MORE PREVIOUS FELONY CONVICTIONS, WHEN THE
 PERSON SO CONVICTED HAS NOT BEEN CONVICTED OF ANY ADDITIONAL  CRIMES  IN
 THE  TEN YEARS FOLLOWING ENTRY OF JUDGMENT OR RELEASE FROM JAIL OR PRIS-
 ON, WHICHEVER DATE IS LATEST; AND
   (B) WITH REGARD TO ONE OR MORE PREVIOUS MISDEMEANOR CONVICTIONS,  WHEN
 THE  PERSON SO CONVICTED HAS NOT BEEN CONVICTED OF ANY ADDITIONAL CRIMES
 IN THE FIVE YEARS FOLLOWING ENTRY OF JUDGMENT OR RELEASE  FROM  JAIL  OR
 PRISON, WHICHEVER DATE IS LATEST.
   §  10.  Section  754 of the correction law, as added by chapter 931 of
 the laws of 1976, is amended to read as follows:
   § 754. Written statement upon denial of license or employment  OR  HAS
 BEEN SUBJECT TO ADVERSE EMPLOYMENT ACTION.  At the request of any person
 [previously]  CHARGED WITH OR convicted of one or more criminal offenses
 who has been denied a license or employment, a public agency or  private
 employer  shall  provide,  within  thirty  days  of a request, a written
 statement setting forth the reasons for such denial OR  ADVERSE  EMPLOY-
 MENT ACTION.

 A. 3050                             5
 
   §  11.  The  correction  law is amended by adding a new section 755 to
 read as follows:
   §  755. ARREST AND CONVICTION RECORDS; EMPLOYER INQUIRIES. 1. IT SHALL
 BE AN UNLAWFUL DISCRIMINATORY  PRACTICE  FOR  ANY  EMPLOYER,  EMPLOYMENT
 AGENCY OR AGENT THEREOF TO:
   (A)  DECLARE,  PRINT  OR CIRCULATE OR CAUSE TO BE DECLARED, PRINTED OR
 CIRCULATED  ANY  SOLICITATION,  ADVERTISEMENT  OR   PUBLICATION,   WHICH
 EXPRESSES,  DIRECTLY  OR INDIRECTLY, ANY LIMITATION, OR SPECIFICATION IN
 EMPLOYMENT BASED ON A PERSON'S ARREST OR CRIMINAL CONVICTION; OR
   (B) MAKE ANY INQUIRY OR STATEMENT RELATED TO  THE  PENDING  ARREST  OR
 CRIMINAL CONVICTION RECORD OF ANY PERSON WHO IS IN THE PROCESS OF APPLY-
 ING  FOR EMPLOYMENT WITH SUCH EMPLOYER OR AGENT THEREOF UNTIL AFTER SUCH
 EMPLOYER OR AGENT THEREOF HAS EXTENDED A CONDITIONAL OFFER OF EMPLOYMENT
 TO THE APPLICANT.
   (C) FOR PURPOSES OF THIS SECTION:
   (1) WITH RESPECT TO AN APPLICANT FOR TEMPORARY EMPLOYMENT AT A  TEMPO-
 RARY  HELP  FIRM  AS SUCH TERM IS DEFINED BY SUBDIVISION FIVE OF SECTION
 NINE HUNDRED SIXTEEN OF THE LABOR LAW, AN OFFER  TO  BE  PLACED  IN  THE
 TEMPORARY  HELP  FIRM'S GENERAL CANDIDATE POOL SHALL CONSTITUTE A CONDI-
 TIONAL OFFER OF EMPLOYMENT;
   (2) "ANY INQUIRY" MEANS ANY QUESTION COMMUNICATED TO AN  APPLICANT  IN
 WRITING  OR  OTHERWISE, OR ANY SEARCHES OF PUBLICLY AVAILABLE RECORDS OR
 CONSUMER REPORTS THAT ARE CONDUCTED FOR  THE  PURPOSE  OF  OBTAINING  AN
 APPLICANT'S CRIMINAL BACKGROUND INFORMATION; AND
   (3)  "ANY  STATEMENT"  MEANS  A  STATEMENT  COMMUNICATED IN WRITING OR
 OTHERWISE TO THE APPLICANT FOR  PURPOSES  OF  OBTAINING  AN  APPLICANT'S
 CRIMINAL  BACKGROUND INFORMATION REGARDING: (I) AN ARREST RECORD; (II) A
 CONVICTION RECORD; OR (III) A CRIMINAL BACKGROUND CHECK.
   2. AFTER EXTENDING AN APPLICANT A CONDITIONAL OFFER OF EMPLOYMENT,  AN
 EMPLOYER,  EMPLOYMENT  AGENCY  OR  AGENT  THEREOF  MAY INQUIRE ABOUT THE
 APPLICANT'S ARREST OR CONVICTION RECORD IF  BEFORE  TAKING  ANY  ADVERSE
 EMPLOYMENT ACTION BASED ON SUCH INQUIRY, THE EMPLOYER, EMPLOYMENT AGENCY
 OR AGENT THEREOF:
   (A)  PROVIDES  A  WRITTEN  COPY  OF  THE INQUIRY TO THE APPLICANT IN A
 MANNER TO BE DETERMINED BY THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES,
 AND  ADVISES  THE  APPLICANT  THAT  HE  OR  SHE MAY SUBMIT ANY AVAILABLE
 EVIDENCE OF REHABILITATION OR GOOD CONDUCT SINCE THE  OFFENSE  IN  QUES-
 TION,  WHICH  SHALL  BE  CONSIDERED IN THE ANALYSIS PERFORMED UNDER THIS
 ARTICLE;
   (B) PERFORMS AN ANALYSIS OF  THE  APPLICANT  UNDER  THIS  ARTICLE  AND
 PROVIDES A WRITTEN COPY OF SUCH ANALYSIS TO THE APPLICANT IN A MANNER TO
 BE  DETERMINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND ADVISES
 THE APPLICANT THAT HE OR SHE MAY SUBMIT ANY AVAILABLE EVIDENCE OF  REHA-
 BILITATION OR GOOD CONDUCT SINCE THE OFFENSE IN QUESTION, WHICH SHALL BE
 CONSIDERED  IN  THE  ANALYSIS  PERFORMED UNDER THIS ARTICLE, WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO SUPPORTING DOCUMENTS THAT FORMED THE BASIS
 FOR AN ADVERSE ACTION BASED ON  SUCH  ANALYSIS  AND  THE  EMPLOYER'S  OR
 EMPLOYMENT  AGENCY'S  REASONS FOR TAKING ANY ADVERSE ACTION AGAINST SUCH
 APPLICANT; AND
   (C) AFTER GIVING THE APPLICANT THE INQUIRY  AND  ANALYSIS  IN  WRITING
 PURSUANT  TO  PARAGRAPHS  (A)  AND  (B)  OF THIS SUBDIVISION, ALLOWS THE
 APPLICANT A REASONABLE TIME TO RESPOND, WHICH  SHALL  BE  NO  LESS  THAN
 SEVEN  BUSINESS  DAYS  AND DURING THIS TIME, HOLDS THE POSITION OPEN FOR
 THE APPLICANT.
   3. NOTHING IN THIS SECTION SHALL PREVENT AN EMPLOYER, EMPLOYMENT AGEN-
 CY OR AGENT THEREOF FROM TAKING ADVERSE ACTION AGAINST ANY  EMPLOYEE  OR

 A. 3050                             6
 
 DENYING EMPLOYMENT TO ANY APPLICANT FOR REASONS OTHER THAN SUCH EMPLOYEE
 OR APPLICANT'S ARREST OR CRIMINAL CONVICTION RECORD.
   4.  AN  APPLICANT  SHALL  NOT BE REQUIRED TO RESPOND TO ANY INQUIRY OR
 STATEMENT THAT VIOLATES SUBDIVISION ONE OF THIS SECTION AND ANY  REFUSAL
 TO  RESPOND TO SUCH INQUIRY OR STATEMENT OR ANY RESPONSE IN THE NEGATIVE
 TO SUCH INQUIRY SHALL NOT DISQUALIFY AN APPLICANT FROM  THE  PROSPECTIVE
 EMPLOYMENT.
   5. THIS SECTION SHALL NOT APPLY TO ANY ACTIONS TAKEN BY AN EMPLOYER OR
 AGENT  THEREOF THAT ARE REQUIRED PURSUANT TO ANY STATE, FEDERAL OR LOCAL
 LAW THAT REQUIRES CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT PURPOSES  OR
 BARS  EMPLOYMENT  BASED  ON CRIMINAL HISTORY. FOR PURPOSES OF THIS PARA-
 GRAPH FEDERAL LAW SHALL INCLUDE RULES OR REGULATIONS  PROMULGATED  BY  A
 SELF-REGULATORY ORGANIZATION AS DEFINED IN SECTION 3(A)(26) OF THE SECU-
 RITIES  EXCHANGE  ACT  OF 1934, AS AMENDED.  A PERSON WHO IS REQUIRED TO
 PERFORM A CRIMINAL BACKGROUND CHECK PURSUANT TO FEDERAL, STATE OR  LOCAL
 LAW  MAY  INFORM  THE APPLICANT THAT THE PROSPECTIVE LICENSE, PERMIT, OR
 EMPLOYMENT IS SUBJECT TO A BACKGROUND  CHECK  AND  THAT  THE  PERSON  IS
 PROHIBITED  BY  LAW FROM LICENSING, PERMITTING, OR EMPLOYING INDIVIDUALS
 WITH CERTAIN CRIMINAL CONVICTIONS, THOUGH SUCH PROHIBITION MAY BE LIFTED
 BY A CERTIFICATE OF RELIEF FROM  DISABILITIES  OR  CERTIFICATE  OF  GOOD
 CONDUCT UNDER ARTICLE TWENTY-THREE OF THIS CHAPTER.
   6. THIS SECTION SHALL NOT APPLY TO ANY ACTIONS TAKEN BY AN EMPLOYER OR
 AGENT THEREOF WITH REGARD TO AN APPLICANT FOR EMPLOYMENT:
   (A)  AS  A POLICE OFFICER OR PEACE OFFICER, AS DEFINED IN SUBDIVISIONS
 THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20 OF THE  CRIMINAL  PROCEDURE
 LAW; OR
   (B)  IN  A  POSITION  THAT INVOLVES LAW ENFORCEMENT, IS SUSCEPTIBLE TO
 BRIBERY OR OTHER CORRUPTION, AS DETERMINED BY THE STATE POLICE OR  OTHER
 AGENCY SELECTED BY THE GOVERNOR, OR ENTAILS THE PROVISION OF SERVICES TO
 OR SAFEGUARDING OF PERSONS WHO, BECAUSE OF AGE, DISABILITY, INFIRMITY OR
 OTHER  CONDITION,  ARE VULNERABLE TO ABUSE, AS DETERMINED BY THE JUSTICE
 CENTER FOR PERSONS WITH SPECIAL NEEDS OR OTHER AGENCY  SELECTED  BY  THE
 GOVERNOR.  IF AN EMPLOYER TAKES ADVERSE ACTION AGAINST ANY APPLICANT FOR
 SUCH  POSITION  BASED  ON  THE APPLICANT'S ARREST OR CRIMINAL CONVICTION
 RECORD, IT SHALL STILL PROVIDE A WRITTEN COPY OF SUCH ANALYSIS PERFORMED
 UNDER THIS ARTICLE TO THE APPLICANT IN A FORM AND MANNER  TO  BE  DETER-
 MINED BY THE DIVISION.
   7.  THE PROVISIONS OF THIS SECTION SHALL BE ENFORCEABLE AGAINST PUBLIC
 AGENCIES AND AGAINST PRIVATE EMPLOYERS BY A PROCEEDING BROUGHT  PURSUANT
 TO  ARTICLE  FIFTEEN OF THE EXECUTIVE LAW. FOR PURPOSES OF THIS SUBDIVI-
 SION ONLY, THE TERMS "PUBLIC AGENCY" AND "PRIVATE EMPLOYER"  SHALL  HAVE
 THE  MEANING  GIVEN  SUCH  TERMS  IN SECTION SEVEN HUNDRED FIFTY OF THIS
 ARTICLE.
   § 12. Section 755 of the correction law, as added by  chapter  931  of
 the laws of 1976, is renumbered 756 and amended to read as follows:
   § 756. Enforcement. [1. In relation to actions by public agencies, the
 provisions  of this article shall be enforceable by a proceeding brought
 pursuant to article seventy-eight of the civil practice law and rules.
   2. In relation to actions by private employers, the] THE provisions of
 this article shall be enforceable by the division of human rights pursu-
 ant to the powers and procedures set forth in  article  fifteen  of  the
 executive  law,  and,  concurrently,  by the New York city commission on
 human rights.
   § 13. Subdivision 8 of section 170.55 of the criminal  procedure  law,
 as  added  by  chapter 134 of the laws of 1982 and renumbered by chapter
 683 of the laws of 1990, is amended to read as follows:

 A. 3050                             7
 
   8. (A) 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 the dismissal of the accusatory instrument pursuant to this
 section,  the  arrest  and prosecution shall be deemed a nullity and the
 defendant shall be restored, in contemplation of law, to the  status  he
 occupied before his arrest and prosecution.
   (B)  FOR  PURPOSES  OF  EMPLOYMENT  AND  LICENSING, THE GRANTING OF AN
 ADJOURNMENT IN CONTEMPLATION OF DISMISSAL SHALL BE CONSIDERED  A  TERMI-
 NATION  OF THE MATTER IN THE DEFENDANT'S FAVOR AND NO ADVERSE EMPLOYMENT
 ACTION MAY BE BASED ON A CASE THAT HAS BEEN ADJOURNED  IN  CONTEMPLATION
 OF DISMISSAL.
   §  14.  Section  170.56  of  the  criminal procedure law is amended by
 adding a new subdivision 5 to read as follows:
   5. FOR PURPOSES OF  EMPLOYMENT  AND  LICENSING,  THE  GRANTING  OF  AN
 ADJOURNMENT  IN  CONTEMPLATION OF DISMISSAL SHALL BE CONSIDERED A TERMI-
 NATION OF THE MATTER IN THE DEFENDANT'S FAVOR AND NO ADVERSE  EMPLOYMENT
 ACTION  MAY  BE BASED ON A CASE THAT HAS BEEN ADJOURNED IN CONTEMPLATION
 OF DISMISSAL.
   § 15. Subdivision 16 of section 296 of the executive law, as separate-
 ly 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, to make any inquiry  about,  whether  in  any
 form  of application or otherwise, or to act upon adversely to the indi-
 vidual involved, any arrest or criminal accusation  of  such  individual
 not  then pending against that individual which was followed by a termi-
 nation of that criminal action or proceeding in favor of  such  individ-
 ual,  as  defined  in  subdivision two of section 160.50 of the criminal
 procedure law, or by a youthful offender  adjudication,  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, in connection with the
 licensing, employment or providing of credit or insurance to such  indi-
 vidual,  OR  BY  THE  GRANTING  OF  AN  ADJOURNMENT  IN CONTEMPLATION OF
 DISMISSAL PURSUANT TO ARTICLE ONE HUNDRED SEVENTY OF THE CRIMINAL PROCE-
 DURE LAW; 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 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 crim-
 inal  procedure  law, or by a youthful offender adjudication, 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, OR BY THE GRANTING  OF  AN
 ADJOURNMENT  IN  CONTEMPLATION  OF  DISMISSAL  PURSUANT  TO  ARTICLE ONE
 HUNDRED SEVENTY OF THE CRIMINAL PROCEDURE LAW.  The provisions  of  this
 subdivision  shall not apply to the licensing 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

 A. 3050                             8
 
 law; provided further that the provisions of this subdivision shall  not
 apply to an application for employment or membership in any law enforce-
 ment  agency with respect to any arrest or criminal accusation which was
 followed  by a youthful offender adjudication, 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 proce-
 dure  law, or by a conviction which is sealed pursuant to section 160.58
 of the criminal procedure law, OR BY THE GRANTING OF AN  ADJOURNMENT  IN
 CONTEMPLATION  OF  DISMISSAL  PURSUANT TO ARTICLE ONE HUNDRED SEVENTY OF
 THE CRIMINAL PROCEDURE LAW.
   (B) ANY PERSON SUBJECTED TO AN INQUIRY CONCERNING ANY ARREST OR CRIMI-
 NAL ACCUSATION IN VIOLATION OF THE PROVISIONS OF THIS SECTION  SHALL  BE
 ENTITLED  TO  RESPOND  IN  THE  NEGATIVE  TO SUCH QUESTION IF RESPONDING
 OTHERWISE WOULD REQUIRE DISCLOSURES RELATING TO A  CASE  THAT  HAS  BEEN
 SEALED OR OTHERWISE TERMINATED IN FAVOR OF THE PERSON, AND SUCH NEGATIVE
 RESPONSE,  EVEN  IF  TECHNICALLY  FALSE,  MAY NOT BE USED AS A BASIS FOR
 ADVERSE EMPLOYMENT ACTION.
   § 16. Subdivision 7 of section 390-e of the social  services  law,  as
 added by chapter 459 of the laws of 2006, is amended to read as follows:
   7.  Upon  the  request  of  any  person  [previously]  CHARGED WITH OR
 convicted of one or more criminal offenses who has been  denied  employ-
 ment  pursuant to subdivision six of this section, the mentoring program
 shall provide, within thirty days of such request, a  written  statement
 setting  forth  the  reasons  for  such  denial.  Any such person denied
 employment pursuant to subdivision six of this section shall be afforded
 the opportunities for enforcement available pursuant  to  section  seven
 hundred [fifty-five] FIFTY-SIX of the correction law.
   §  17.  This act shall take effect on the ninetieth day after it shall
 have become a law.