S T A T E O F N E W Y O R K
________________________________________________________________________
8170--B
R. R. 267
2017-2018 Regular Sessions
I N A S S E M B L Y
June 1, 2017
___________
Introduced by M. of A. LENTOL, WALLACE, RAMOS, SKARTADOS, BARRETT,
SKOUFIS, STIRPE, HUNTER, JONES, MURRAY, JENNE, SANTABARBARA, PICHARDO,
JEAN-PIERRE, WOERNER, HARRIS, PELLEGRINO -- read once and referred to
the Committee on Codes -- reported and referred to the Committee on
Rules -- amended on the special order of third reading, ordered
reprinted as amended, retaining its place on the special order of
third reading -- again amended on special order of third reading,
ordered reprinted, retaining its place on the special order of third
reading
AN ACT to amend the vehicle and traffic law and the correction law, in
relation to criminal history of transportation network company driv-
ers; and to amend the criminal procedure law, in relation to juvenile
justice
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 of section 1696 of the vehi-
cle and traffic law, as added by section 2 of part AAA of chapter 59 of
the laws of 2017, is amended to read as follows:
(b) The TNC shall not permit an applicant where such applicant:
(i) fails to meet all qualifications pursuant to section sixteen
hundred ninety-nine of this article;
(ii) is a match in the United States Department of Justice National
Sex Offender Public Website;
(iii) IS LISTED ON THE SEX OFFENDER REGISTRY PURSUANT TO ARTICLE SIX-C
OF THE CORRECTION LAW;
(IV) does not possess a valid New York driver's license;
[(iv)] (V) does not possess proof of registration for the motor vehi-
cles used to provide TNC prearranged trips;
[(v)] (VI) does not possess proof of automobile liability insurance
for the motor vehicles used to provide TNC prearranged trips as a TNC
vehicle; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13014-05-7
A. 8170--B 2
[(vi)] (VII) is not at least nineteen years of age.
§ 2. Paragraph (b) of subdivision 2 of section 1699 of the vehicle and
traffic law, as added by section 2 of part AAA of chapter 59 of the laws
of 2017, is 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
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) IS REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE
SIX-C OF THE CORRECTION LAW.
§ 3. Section 168-p of the correction law is amended by adding a new
subdivision 2-b to read as follows:
2-B. THE DIVISION SHALL ESTABLISH A PROGRAM ALLOWING A TRANSPORTATION
NETWORK COMPANY (TNC), AS DEFINED IN SECTION ONE THOUSAND SIX HUNDRED
NINETY-ONE OF THE VEHICLE AND TRAFFIC LAW, TO ELECTRONICALLY SUBMIT
MULTIPLE NAMES, AND OTHER NECESSARY IDENTIFYING INFORMATION AS REQUIRED
BY THE DIVISION AND IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION,
OF APPLICANTS APPLYING TO BE TNC DRIVERS FOR THE PURPOSE OF DETERMINING
WHETHER SUCH APPLICANTS ARE LISTED ON THE SEX OFFENDER REGISTRY PURSUANT
TO THIS ARTICLE. THE DIVISION SHALL RESPOND TO SUCH INQUIRY ELECTRON-
ICALLY, WITHIN SEVENTY-TWO HOURS, AND NOTIFY SUCH TNC OF ANY SUCH APPLI-
CANT WHO IS LISTED ON THE REGISTRY PURSUANT TO THIS ARTICLE. THE DIVI-
SION SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE
IMPLEMENTATION OF THIS SUBDIVISION. SUCH RULES AND REGULATIONS SHALL
INCLUDE A REQUIREMENT THAT A TNC ENTER INTO A MEMORANDUM OF UNDERSTAND-
ING WITH THE DIVISION WHICH SHALL REQUIRE PRE-REGISTRATION BEFORE THE
ELECTRONIC SUBMISSION OF NAMES AND A REQUIREMENT THAT INFORMATION
OBTAINED BY A TNC PURSUANT TO THIS SUBDIVISION BE USED SOLELY FOR THE
PURPOSES OF DETERMINING ELIGIBILITY OF AN APPLICANT FOR A TNC PERMIT,
A. 8170--B 3
PURSUANT TO SECTIONS ONE THOUSAND SIX HUNDRED NINETY-SIX AND ONE THOU-
SAND SIX HUNDRED NINETY-NINE OF THE VEHICLE AND TRAFFIC LAW, BY DESIG-
NATED EMPLOYEES OF SUCH TNC AND THAT SUCH INFORMATION SHALL NOT BE
DISTRIBUTED OR DISCLOSED TO ANY OTHER PERSON OR TO THE PUBLIC.
§ 4. Paragraph (a) of subdivision 2 of section 160.59 of the criminal
procedure law, as added by section 48 of part WWW of chapter 59 of the
laws of 2017, is amended to read as follows:
(a) A defendant who has been convicted of up to two eligible offenses
but not more than one felony offense may apply to the court in which he
or she was convicted of the most serious offense to have such conviction
OR CONVICTIONS sealed. If all offenses are offenses with the same clas-
sification, the application shall be made to the court in which the
defendant was last convicted.
§ 5. Subdivision 11 of section 160.59 of the criminal procedure law,
as added by section 48 of part WWW of chapter 59 of the laws of 2017, is
amended to read as follows:
11. No defendant shall be required or permitted to waive eligibility
for sealing pursuant to this section as part of a plea of guilty,
sentence or any agreement related to a conviction for an eligible
offense and any such waiver shall be deemed void and wholly [enforcea-
ble] UNENFORCEABLE.
§ 6. This act shall take effect immediately; provided, however that
sections one and two of 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; provided further that sections four and five of this
act shall take effect on the same date and in the same manner as section
48 of part WWW of chapter 59 of the laws of 2017, takes effect.