senate Bill S3205A

2017-2018 Legislative Session

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal

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Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee


  • 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
Jan 03, 2018 referred to investigations and government operations
Jun 05, 2017 print number 3205a
Jun 05, 2017 amend and recommit to investigations and government operations
Jan 20, 2017 referred to investigations and government operations

S3205 (ACTIVE) - Details

See Assembly Version of this Bill:
A4038
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L; amd §§170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7014
2013-2014: A4589
2015-2016: S5595, A1721

S3205 (ACTIVE) - Summary

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal.

S3205 (ACTIVE) - Sponsor Memo

S3205 (ACTIVE) - Bill Text download pdf


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

                                  3205

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 20, 2017
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to preventing employment discrimination against persons whose
  criminal charges have been adjourned in contemplation of dismissal

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 16 of section 296  of  the  executive  law,  as
separately  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. It shall be an unlawful discriminatory  practice,  unless  specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
involved, 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 criminal procedure
law, OR BY AN ORDER ADJOURNING THE CRIMINAL ACTION IN  CONTEMPLATION  OF
DISMISSAL, PURSUANT TO SECTION 170.55, 170.56, 210.46, 210.47, OR 215.10
OF  THE  CRIMINAL PROCEDURE LAW, or by a youthful offender adjudication,
as defined in subdivision one of section 720.35 of the  criminal  proce-
dure  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  individual; 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S3205A (ACTIVE) - Details

See Assembly Version of this Bill:
A4038
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L; amd §§170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7014
2013-2014: A4589
2015-2016: S5595, A1721

S3205A (ACTIVE) - Summary

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal.

S3205A (ACTIVE) - Sponsor Memo

S3205A (ACTIVE) - Bill Text download pdf


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

                                 3205--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 20, 2017
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the executive law and the criminal procedure law, in
  relation to preventing employment discrimination against persons whose
  criminal charges have been adjourned in contemplation of dismissal

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  16  of  section 296 of the executive law, as
separately 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.  It  shall  be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
involved,  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  criminal  procedure
law,  OR  BY AN ORDER ADJOURNING THE CRIMINAL ACTION IN CONTEMPLATION OF
DISMISSAL, PURSUANT TO SECTION 170.55, 170.56, 210.46, 210.47, OR 215.10
OF THE CRIMINAL PROCEDURE LAW, or by a youthful  offender  adjudication,
as  defined  in subdivision one of section 720.35 of the criminal proce-
dure 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 individual; provided, further, that no person shall be required  to
divulge  information  pertaining to any arrest or criminal accusation of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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