S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4038--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY, PERRY, ABINANTI -- read
   once  and  referred  to  the  Committee  on  Correction  --  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.
              

                                                            LBD04923-02-7

 A. 4038--A                          2
 
 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  OR
 170.56  OF THE CRIMINAL PROCEDURE LAW, or by a youthful offender adjudi-
 cation, 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. The
 provisions of this subdivision shall not apply to the  licensing  activ-
 ities  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 law; provided further that the provisions of this
 subdivision  shall not apply to an application for employment or member-
 ship in any law enforcement agency with respect to any arrest or  crimi-
 nal  accusation  which was followed 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.  FOR  PURPOSES
 OF THIS SUBDIVISION, AN ACTION WHICH HAS BEEN ADJOURNED IN CONTEMPLATION
 OF  DISMISSAL,  PURSUANT  TO  SECTION  170.55  OR 170.56 OF THE CRIMINAL
 PROCEDURE LAW, SHALL NOT BE CONSIDERED A PENDING ACTION, UNLESS THE CASE
 HAS BEEN RESTORED TO THE CALENDAR.
   § 2. Subdivision 16 of section 296 of the executive law, as amended by
 section 48-a of part WWW of chapter 59 of the laws of 2017,  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 160.59 or 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 followed by a termination of that criminal action or  proceed-
 ing  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 OR 170.56 OF THE CRIMINAL PROCEDURE LAW, or by a youthful  offen-
 der adjudication, as defined in subdivision one of section 720.35 of the

 A. 4038--A                          3
 
 criminal procedure law, or by a conviction for a violation sealed pursu-
 ant  to section 160.55 of the criminal procedure law, or by a conviction
 which is sealed pursuant to section 160.58 or  160.59  of  the  criminal
 procedure law. The provisions of this subdivision shall not apply to the
 licensing  activities  of  governmental  bodies in relation to the regu-
 lation 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 law; provided  further  that  the
 provisions  of  this  subdivision  shall not apply to an application for
 employment or membership in any law enforcement 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  procedure law, or by a
 conviction which is sealed pursuant to section 160.58 or 160.59  of  the
 criminal  procedure  law.  FOR  PURPOSES  OF THIS SUBDIVISION, AN ACTION
 WHICH HAS BEEN ADJOURNED IN  CONTEMPLATION  OF  DISMISSAL,  PURSUANT  TO
 SECTION  170.55  OR  170.56  OF THE CRIMINAL PROCEDURE LAW, SHALL NOT BE
 CONSIDERED A PENDING ACTION, UNLESS THE CASE HAS BEEN  RESTORED  TO  THE
 CALENDAR.
   § 3. Subdivision 8 of section 170.55 of the criminal procedure law, as
 added  by  chapter  134 of the laws of 1982 and as renumbered by chapter
 683 of the laws of 1990, is amended to read as follows:
   8. 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  GRANTING  THE ORDER OF ADJOURNMENT, THE ACTION SHALL BE CONSIDERED
 TERMINATED IN THE DEFENDANT'S FAVOR FOR THE  PURPOSE  OF  EMPLOYMENT  AS
 DEFINED  BY  SUBDIVISION  FIVE  OF  SECTION  SEVEN  HUNDRED FIFTY OF THE
 CORRECTION LAW OR LICENSE AS DEFINED  BY  SUBDIVISION  FOUR  OF  SECTION
 SEVEN  HUNDRED  FIFTY  OF  THE CORRECTION LAW. Upon the dismissal of the
 accusatory instrument pursuant to this section, the  arrest  and  prose-
 cution shall be deemed a nullity and the defendant shall be restored, in
 contemplation of law, to the status he OR SHE occupied before his OR HER
 arrest and prosecution.
   § 4. Subdivision 4 of section 170.56 of the criminal procedure law, as
 added  by  chapter  1042  of  the  laws  of  1971, is amended to read as
 follows:
   4. UPON THE GRANTING OF AN ORDER PURSUANT TO SUBDIVISION TWO  OF  THIS
 SECTION,  THE  ACTION  SHALL BE CONSIDERED TERMINATED IN THE DEFENDANT'S
 FAVOR FOR THE PURPOSE OF EMPLOYMENT AS DEFINED BY  SUBDIVISION  FIVE  OF
 SECTION  SEVEN  HUNDRED  FIFTY  OF  THE  CORRECTION  LAW OR A LICENSE AS
 DEFINED BY SUBDIVISION FOUR  OF  SECTION  SEVEN  HUNDRED  FIFTY  OF  THE
 CORRECTION  LAW.  Upon  the granting of an order pursuant to subdivision
 three, the arrest and prosecution shall be  deemed  a  nullity  and  the
 defendant  shall  be restored, in contemplation of law, to the status he
 OR SHE occupied before his OR HER arrest and prosecution.
   § 5. No provision of this act shall be construed to impair or diminish
 any rights an employee or licensee, or an applicant for employment or  a
 license, may already possess pursuant to section 170.55 or 170.56 of the
 criminal procedure law.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided however that section two of this  act  shall
 take  effect  on the same date and in the same manner as section 48-a of
 part WWW of chapter 59 of the laws of 2017, takes effect.