S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5641--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2017
                                ___________
 
 Introduced  by  Sens.  CROCI,  SERINO, JACOBS, KENNEDY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Transportation -- reported favorably from said committee and committed
   to  the  Committee  on  Rules  --  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.
              

                                                            LBD11130-04-7

 S. 5641--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.