S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4718
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the  executive  law,  in  relation  to  inquiries  about
   certain sealed convictions; and to repeal section 160.58 of the crimi-
   nal   procedure   law  relating  to  conditional  sealing  of  certain
   controlled substances, marihuana or specified offense convictions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.58 of the criminal procedure law is REPEALED.
   § 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 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 proce-
 dure 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  indi-
 vidual;  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 proceeding in favor of  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD08671-01-9
 A. 4718                             2
 
 individual, as defined in subdivision two of section 160.50 of the crim-
 inal  procedure  law, or 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. The provisions
 of this subdivision shall not  apply  to  the  licensing  activities  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 subdivi-
 sions  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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.