S T A T E O F N E W Y O R K
________________________________________________________________________
7753--A
2017-2018 Regular Sessions
I N A S S E M B L Y
May 11, 2017
___________
Introduced by M. of A. MURRAY, McDONOUGH, DiPIETRO, MONTESANO, HAWLEY,
JAFFEE, RA -- Multi-Sponsored by -- M. of A. ERRIGO, THIELE -- read
once and referred to the Committee on Transportation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the vehicle and traffic law, in relation to criminal
history background check of transportation network company drivers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (b) and (c) of subdivision 2 of section 1699 of
the vehicle and traffic law, as added by section 2 of part AAA of chap-
ter 59 of the laws of 2017, are amended to read as follows:
(b) An applicant shall be disqualified to receive a TNC driver permit
where he or she:
(i) stands convicted in the last three years of: unlawful fleeing a
police officer in a motor vehicle in violation of sections 270.35,
270.30 or 270.25 of the penal law, reckless driving in violation of
section twelve hundred twelve of this chapter, operating while license
or privilege is suspended or revoked in violation of section five
hundred eleven of this chapter, excluding subdivision seven of such
section, a misdemeanor offense of operating a motor vehicle while under
the influence of alcohol or drugs in violation of section eleven hundred
ninety-two of this chapter, or leaving the scene of an accident in
violation of subdivision two of section six hundred of this chapter. In
calculating the three year period under this subparagraph, any period of
time during which the person was incarcerated after the commission of
such offense shall be excluded and such three year period shall be
extended by a period or periods equal to the time spent incarcerated;
[or]
(ii) stands convicted in the last seven years of: [a sex offense
defined in subdivision two of section one hundred sixty-eight-a of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11130-05-7
A. 7753--A 2
correction law,] a felony offense defined in article one hundred twen-
ty-five of the penal law, a violent felony offense defined in section
70.02 of the penal law, a class A felony offense defined in the penal
law, a felony offense defined in section eleven hundred ninety-two of
this chapter, [an offense for which registration as a sex offender is
required pursuant to article six-C of the correction law,] or any
conviction of an offense in any other jurisdiction that has all the
essential elements of an offense listed in this subparagraph. In calcu-
lating the seven year period under this subparagraph, any period of time
during which the person was incarcerated after the commission of such
offense shall be excluded and such seven year period shall be extended
by a period or periods equal to the time spent incarcerated; OR
(III) STANDS CONVICTED OF A SEX OFFENSE DEFINED IN SUBDIVISION TWO OF
SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW OR ANY OTHER
OFFENSE FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO
ARTICLE SIX-C OF THE CORRECTION LAW FOR THE DURATION OF TIME FOR WHICH
THEY ARE REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE
SIX-C OF THE CORRECTION LAW.
(c) A criminal history record that contains criminal conviction infor-
mation that does not disqualify an applicant pursuant to subparagraphs
(i) [or], (ii) OR (III) of paragraph (b) of this subdivision, shall be
reviewed and considered according to the provisions of article twenty-
three-A of the correction law and subdivisions fifteen and sixteen of
section two hundred ninety-six of the executive law in determining
whether or not the applicant should be issued a TNC driver's permit.
§ 2. Subdivision 1 of section 1696 of the vehicle and traffic law is
amended by adding a new paragraph (g) to read as follows:
(G) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPART-
MENT OF CRIMINAL JUSTICE SERVICES SHALL PERMIT A TNC, OR A THIRD PARTY
ON BEHALF OF A TNC, THAT IS SUBJECT TO THE PROVISIONS OF THIS SECTION TO
ACCESS THE NEW YORK STATE SEX OFFENDER REGISTRY BY ELECTRONIC MEANS.
§ 3. This act shall take effect on the same date and in the same
manner as section 2 of part AAA of chapter 59 of the laws of 2017, takes
effect.