Senate Bill S3801

2017-2018 Legislative Session

Makes it an unlawful discriminatory practice for prospective employers to make certain inquiries relating to criminal convictions

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Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S3801 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§750 & 752, Cor L; amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5428
2013-2014: S3386
2015-2016: S2225
2019-2020: S2218
2021-2022: S3389
2023-2024: S1423

2017-S3801 (ACTIVE) - Summary

Establishes it shall be an unlawful discriminatory practice for any prospective employer to make an inquiry about, or to act upon adversely to the individual involved based upon, any criminal conviction of such individual unless such employer first makes a conditional offer of employment to such individual.

2017-S3801 (ACTIVE) - Sponsor Memo

2017-S3801 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3801
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN ACT to amend the correction law and the executive law, in relation to
   establishing  that  it  is  an  unlawful  discriminatory  practice for
   prospective employers to make certain inquiries relating  to  criminal
   convictions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 750  of  the  correction  law,  as
 amended  by  chapter  284  of  the  laws  of 2007, is amended to read as
 follows:
   (3) "Direct  relationship"  means  that  THERE  IS  AN  IMMEDIATE  AND
 SUBSTANTIAL  CONNECTION  BETWEEN  the  nature  of [criminal conduct] THE
 CRIME for which the person was convicted [has a direct  bearing  on  his
 fitness  or ability to perform one or more of] AND the duties or respon-
 sibilities necessarily related to the license, opportunity,  or  job  in
 question  AND SUCH CONNECTION WOULD CREATE AN UNREASONABLE RISK TO PROP-
 ERTY OR TO THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE  GENERAL
 PUBLIC UPON THE ISSUANCE OR CONTINUATION OF A LICENSE OR THE GRANTING OR
 CONTINUATION OF EMPLOYMENT OF SUCH PERSON.
   §  2.  Section 752 of the correction law, as amended by chapter 284 of
 the laws of 2007, is amended to read as follows:
   § 752. Unfair discrimination against persons previously  convicted  of
 one  or  more  criminal offenses prohibited.   1. No application for any
 license or employment, and no employment or license held by an  individ-
 ual,  to  which  the provisions of this article are applicable, shall be
 denied or acted upon adversely by reason of the individual's having been
 previously convicted of one or more criminal offenses, or by reason of a
 finding of lack of "good moral character" when  such  finding  is  based
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08701-01-7
              

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