Assembly Bill A4868

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4868
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE, VANEL, MOSLEY, BARRON, ORTIZ -- read
   once and referred to the Committee on Correction
 
 AN ACT to amend the administrative code of the city  of  New  York,  the
   correction  law, the criminal procedure law, the executive law and the
   social services law, in relation to prohibiting  discrimination  based
   on a person's arrest record or criminal conviction
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "The  New  York
 State Fair Chance Act".
   §  2.  Subdivisions  10  and 11 of section 8-107 of the administrative
 code of the city of New York, subdivision 10 as  amended  by  local  law
 number 63 of the city of New  York for the year 2015, paragraphs (a) and
 (c)  of subdivision 10 and subdivision 11 as amended by local law number
 63 of the city of New York for the year 2018, are  amended  to  read  as
 follows:
   10.  Criminal  conviction;  employment.    (a) It shall be an unlawful
 discriminatory practice for any employer,  employment  agency  or  agent
 thereof  to deny employment to any person or take adverse action against
 any employee by reason of such person or employee having been  convicted
 of one or more criminal offenses, or by reason of a finding of a lack of
 "good moral character" which is based on:
   (I) such person or employee having been convicted of one or more crim-
 inal offenses, when such denial or adverse action is in violation of the
 provisions  of  article  [23-a]  TWENTY-THREE-A  of  the  correction law
 REGARDLESS  OF  WHEN  SUCH  CONVICTION  OCCURRED,  INCLUDING   IF   SUCH
 CONVICTION  OCCURRED WHILE SUCH PERSON WAS EMPLOYED AT THE JOB AT ISSUE;
 OR
   (II) SUCH PERSON OR EMPLOYEE HAVING A FINAL JUDGMENT OF GUILT  ENTERED
 FOR  A  FELONY  MORE THAN TEN YEARS AGO AND A MISDEMEANOR MORE THAN FIVE
 YEARS AGO. THESE PERIODS OF TIME SHALL BE MEASURED FROM THE  DATE  JUDG-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08949-02-9

 A. 4868                             2
 
 MENT  WAS  ENTERED  OR THE RELEASE FROM INCARCERATION, WHICHEVER DATE IS
 LATER, UNTIL THE DATE OF THE ADVERSE ACTION IN QUESTION.  CRIMINAL  ACTS
 COMMITTED OUTSIDE THE STATE SHALL BE CLASSIFIED AS FELONIES OR MISDEMEA-
 NORS COMMITTED WITHIN THE STATE BASED ON THE MAXIMUM SENTENCE THAT COULD
 HAVE  BEEN  IMPOSED  FOR  SUCH CONVICTION UNDER THE LAWS OF SUCH FOREIGN
 JURISDICTION.
   (b) For purposes of this subdivision, "employment" shall  not  include
 [membership  in any law enforcement agency] EMPLOYMENT AS A POLICE OFFI-
 CER OR A PEACE OFFICER AS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCE-
 DURE LAW.
   (c)  Pursuant  to  section  [755]  SEVEN  HUNDRED  FIFTY-SIX  of   the
 correction  law, the provisions of this subdivision shall be enforceable
 against public agencies by a proceeding brought pursuant to article [78]
 SEVENTY-EIGHT of the civil practice law and rules, and the provisions of
 this subdivision shall be enforceable against private employers  by  the
 commission  through  the  administrative  procedure provided for in this
 chapter or as provided in chapter 5 of this title. For purposes of  this
 paragraph  only,  the  terms "public agency" and "private employer" have
 the meaning given such terms in section [750] SEVEN HUNDRED FIFTY of the
 correction law.
   11. Arrest record; employment. It shall be an unlawful  discriminatory
 practice,  unless  specifically  required or permitted by any other law,
 for any person to:
   (a) Deny employment to any applicant or act adversely upon any employ-
 ee by reason of an arrest or criminal accusation of  such  applicant  or
 employee  when such denial or adverse action is in violation of subdivi-
 sion [16] SIXTEEN of section [296] TWO  HUNDRED  NINETY-SIX  of  article
 [15] FIFTEEN of the executive law; or
   (b) Make any inquiry AS DEFINED IN SUBDIVISION TEN OF THIS SECTION, in
 writing  or otherwise, regarding any arrest or criminal accusation of an
 applicant or employee when such inquiry is in violation  of  subdivision
 [16]  SIXTEEN  of  section  [296] TWO HUNDRED NINETY-SIX of article [15]
 FIFTEEN of the executive law.
   § 3. Subparagraph (iii) of paragraph (b) and paragraphs (d) and (e) of
 subdivision 11-a of section 8-107 of the administrative code of the city
 of New York, as amended by local law number 63 of the city of  New  York
 for the year 2018, are amended to read as follows:
   (iii)  After  giving the applicant the inquiry and analysis in writing
 pursuant to subparagraphs (i) and (ii) of  this  paragraph,  allows  the
 applicant  a  reasonable  time  to  respond, which shall be no less than
 [three] SEVEN business days and during this  time,  holds  the  position
 open for the applicant.
   (d)  An  applicant  shall not be required to respond to any inquiry or
 statement that violates  paragraph  (a)  of  this  subdivision  and  any
 refusal  to respond to such inquiry or statement shall not disqualify an
 applicant from the prospective employment.  NOTHING  IN  THIS  PARAGRAPH
 SHALL  PROHIBIT  AN  APPLICANT  FROM  VOLUNTARILY DISCLOSING INFORMATION
 PERTAINING TO HIS OR HER CRIMINAL HISTORY.
   (e) This subdivision shall not  apply  to  any  actions  taken  by  an
 employer  or  agent  thereof pursuant to any state, federal or local law
 that requires criminal background checks for employment purposes or bars
 employment based on criminal history. For  purposes  of  this  paragraph
 federal law shall include rules or regulations promulgated by a self-re-
 gulatory  organization  as defined in section 3(a)(26) of the securities
 exchange act of 1934, as amended. A PERSON WHO IS REQUIRED TO PERFORM  A
 CRIMINAL  BACKGROUND  CHECK  PURSUANT TO FEDERAL, STATE OR LOCAL LAW MAY

 A. 4868                             3
 
 INFORM THE APPLICANT THAT THE PROSPECTIVE LICENSE, PERMIT, OR EMPLOYMENT
 IS SUBJECT TO A BACKGROUND CHECK AND THAT THE PERSON  IS  PROHIBITED  BY
 LAW  FROM  LICENSING,  PERMITTING, OR EMPLOYING INDIVIDUALS WITH CERTAIN
 CRIMINAL CONVICTIONS, THOUGH SUCH PROHIBITION MAY BE LIFTED BY A CERTIF-
 ICATE  OF  RELIEF FROM DISABILITIES OR CERTIFICATE OF GOOD CONDUCT UNDER
 ARTICLE TWENTY-THREE OF THE CORRECTION LAW.
   § 4. Section 8-102 of the administrative code of the city of New  York
 is  amended  by adding a new definition in alphabetical order to read as
 follows:
   CRIMINAL OFFENSE. THE TERM "CRIMINAL OFFENSE"  MEANS  ANY  OFFENSE  AS
 DEFINED IN SECTION 55.10 OF THE PENAL LAW.
   §  5.  Subdivisions  2  and 5 of section 750 of the correction law, as
 added by chapter 931 of the laws of 1976, are amended and a new subdivi-
 sion 6 is added to read as follows:
   (2) "Private employer" means any person, company,  corporation,  labor
 organization or association which employs [ten] FOUR or more persons.
   (5)  "Employment" means any occupation, vocation or employment, or any
 form of vocational or  educational  training.  Provided,  however,  that
 "employment"  shall  not,  for  the  purposes  of  this article, include
 [membership in any law enforcement agency] EMPLOYMENT AS A POLICE  OFFI-
 CER OR A PEACE OFFICER AS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCE-
 DURE LAW.
   (6)  "CRIMINAL  OFFENSE" MEANS ANY OFFENSE AS DEFINED IN SECTION 55.10
 OF THE PENAL LAW.
   § 6. Section 751 of the correction law, as amended by chapter  284  of
 the laws of 2007, is amended to read as follows:
   §  751.  Applicability.  The provisions of this article shall apply to
 any application by any person for a license or employment at any  public
 or private employer, who IS CURRENTLY CHARGED WITH OR WHO has previously
 been  convicted of one or more criminal offenses in this state or in any
 other jurisdiction, and to any license or employment held by any  person
 whose  PENDING ARREST FOR OR conviction of one or more criminal offenses
 in this state or in any other jurisdiction preceded such  employment  or
 granting  of  a  license,  AND  TO ANY LICENSE OR EMPLOYMENT HELD BY ANY
 PERSON WHOSE PENDING ARREST FOR OR CONVICTION OF ONE  OR  MORE  CRIMINAL
 OFFENSES  IN THIS STATE OR IN ANY OTHER JURISDICTION OCCURRED DURING THE
 PERIOD OF SUCH EMPLOYMENT OR GRANTING  OF  A  LICENSE,  except  where  a
 mandatory forfeiture, disability or bar to employment is imposed by law,
 and  has  not been removed by an executive pardon, certificate of relief
 from disabilities or certificate of good conduct. Nothing in this  arti-
 cle  shall  be  construed  to affect any right an employer may have with
 respect to an intentional misrepresentation in connection with an appli-
 cation for employment made by a prospective employee or previously  made
 by a current employee.
   §  7.  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] CHARGED WITH
 OR convicted of one or more criminal offenses prohibited. No application
 for any license or employment, and no employment or license held  by  an
 individual,  to  which  the  provisions  of this article are applicable,
 shall be denied or acted upon adversely by reason  of  the  individual's
 HAVING  BEEN CHARGED WITH ONE OR MORE OFFENSES OR having been [previous-
 ly] convicted of one or more criminal offenses, or by reason of a  find-
 ing  of  lack  of "good moral character" when such finding is based upon
 the fact that the individual  has  [previously]  been  CHARGED  WITH  OR
 convicted of one or more criminal offenses, unless:

 A. 4868                             4
 
   (1)  there is a direct relationship between one or more of the [previ-
 ous] criminal offenses and the specific license or employment sought  or
 held by the individual; [or] AND
   (2)  the  issuance  or  continuation of the license or the granting or
 continuation of the employment would involve  an  unreasonable  risk  to
 property  or  to  the  safety  or welfare of specific individuals or the
 general public.
   § 8. The article heading of article 23-A of  the  correction  law,  as
 added by chapter 931 of the laws of 1976, is amended to read as follows:

             LICENSURE AND EMPLOYMENT OF PERSONS [PREVIOUSLY]
                CONVICTED OF ONE OR MORE CRIMINAL OFFENSES
 
   §  9.  The  section  heading  and  subdivision 1 of section 753 of the
 correction law, as added by chapter 931 of the laws of  1976,  paragraph
 (b)  of subdivision 1 as amended by chapter 284 of the laws of 2007, are
 amended to read as follows:
   Factors to be considered concerning a [previous]  criminal  CHARGE  OR
 conviction;  presumption.  1.  In  making  a  determination  pursuant to
 section seven hundred fifty-two of this chapter, the  public  agency  or
 private employer shall consider the following factors:
   (a)  The  public  policy  of  this state, as expressed in this act, to
 encourage the licensure and employment of persons  [previously]  CHARGED
 WITH OR convicted of one or more criminal offenses.
   (b)  The  specific  duties and responsibilities necessarily related to
 the license or employment sought or held by the person.
   (c) The bearing, if any, the criminal offense or  offenses  for  which
 the  person  was [previously] CHARGED WITH OR convicted will have on his
 fitness or ability to perform one or more such  duties  or  responsibil-
 ities.
   (d)  The  time  which has elapsed since the occurrence of the criminal
 offense or offenses.
   (e) The age of the person at the time of occurrence  of  the  criminal
 offense or offenses.
   (f) The seriousness of the offense or offenses.
   (g) Any information produced by the person, or produced on his behalf,
 in regard to his rehabilitation and good conduct.
   (h)  The  legitimate interest of the public agency or private employer
 in protecting property, and the safety and welfare of specific  individ-
 uals or the general public.
   §  10.  Section  753  of the correction law is amended by adding a new
 subdivision 3 to read as follows:
   3. A PRESUMPTION OF REHABILITATION IN REGARD TO AN OFFENSE OR OFFENSES
 PREVIOUSLY COMMITTED SHALL EXIST:
   (A) WITH REGARD TO ONE OR MORE PREVIOUS FELONY CONVICTIONS,  WHEN  THE
 PERSON  SO  CONVICTED HAS NOT BEEN CONVICTED OF ANY ADDITIONAL CRIMES IN
 THE TEN YEARS FOLLOWING ENTRY OF JUDGMENT OR RELEASE FROM JAIL OR  PRIS-
 ON, WHICHEVER DATE IS LATEST; AND
   (B)  WITH REGARD TO ONE OR MORE PREVIOUS MISDEMEANOR CONVICTIONS, WHEN
 THE PERSON SO CONVICTED HAS NOT BEEN CONVICTED OF ANY ADDITIONAL  CRIMES
 IN  THE  FIVE  YEARS FOLLOWING ENTRY OF JUDGMENT OR RELEASE FROM JAIL OR
 PRISON, WHICHEVER DATE IS LATEST.
   § 11. Section 754 of the correction law, as added by  chapter  931  of
 the laws of 1976, is amended to read as follows:
   §  754.  Written statement upon denial of license or employment OR HAS
 BEEN SUBJECT TO ADVERSE EMPLOYMENT ACTION.  At the request of any person

 A. 4868                             5
 
 [previously] CHARGED WITH OR convicted of one or more criminal  offenses
 who  has been denied a license or employment, a public agency or private
 employer shall provide, within thirty  days  of  a  request,  a  written
 statement  setting  forth the reasons for such denial OR ADVERSE EMPLOY-
 MENT ACTION.
   § 12. The correction law is amended by adding a  new  section  755  to
 read as follows:
   §  755. ARREST AND CONVICTION RECORDS; EMPLOYER INQUIRIES. 1. IT SHALL
 BE AN UNLAWFUL DISCRIMINATORY  PRACTICE  FOR  ANY  EMPLOYER,  EMPLOYMENT
 AGENCY OR AGENT THEREOF TO:
   (A)  DECLARE,  PRINT  OR CIRCULATE OR CAUSE TO BE DECLARED, PRINTED OR
 CIRCULATED  ANY  SOLICITATION,  ADVERTISEMENT  OR   PUBLICATION,   WHICH
 EXPRESSES,  DIRECTLY  OR INDIRECTLY, ANY LIMITATION, OR SPECIFICATION IN
 EMPLOYMENT BASED ON A PERSON'S ARREST OR CRIMINAL CONVICTION; OR
   (B) MAKE ANY INQUIRY OR STATEMENT RELATED TO  THE  PENDING  ARREST  OR
 CRIMINAL CONVICTION RECORD OF ANY PERSON WHO IS IN THE PROCESS OF APPLY-
 ING  FOR EMPLOYMENT WITH SUCH EMPLOYER OR AGENT THEREOF UNTIL AFTER SUCH
 EMPLOYER OR AGENT THEREOF HAS EXTENDED A CONDITIONAL OFFER OF EMPLOYMENT
 TO THE APPLICANT.
   (C) FOR PURPOSES OF THIS SECTION:
   (1) WITH RESPECT TO AN APPLICANT FOR TEMPORARY EMPLOYMENT AT A  TEMPO-
 RARY  HELP  FIRM  AS SUCH TERM IS DEFINED BY SUBDIVISION FIVE OF SECTION
 NINE HUNDRED SIXTEEN OF THE LABOR LAW, AN OFFER  TO  BE  PLACED  IN  THE
 TEMPORARY  HELP  FIRM'S GENERAL CANDIDATE POOL SHALL CONSTITUTE A CONDI-
 TIONAL OFFER OF EMPLOYMENT;
   (2) "ANY INQUIRY" MEANS ANY QUESTION COMMUNICATED TO AN  APPLICANT  IN
 WRITING  OR  OTHERWISE, OR ANY SEARCHES OF PUBLICLY AVAILABLE RECORDS OR
 CONSUMER REPORTS THAT ARE CONDUCTED FOR  THE  PURPOSE  OF  OBTAINING  AN
 APPLICANT'S CRIMINAL BACKGROUND INFORMATION; AND
   (3)  "ANY  STATEMENT"  MEANS  A  STATEMENT  COMMUNICATED IN WRITING OR
 OTHERWISE TO THE APPLICANT FOR  PURPOSES  OF  OBTAINING  AN  APPLICANT'S
 CRIMINAL  BACKGROUND INFORMATION REGARDING: (I) AN ARREST RECORD; (II) A
 CONVICTION RECORD; OR (III) A CRIMINAL BACKGROUND CHECK.
   2. AFTER EXTENDING AN APPLICANT A CONDITIONAL OFFER OF EMPLOYMENT,  AN
 EMPLOYER,  EMPLOYMENT  AGENCY  OR  AGENT  THEREOF  MAY INQUIRE ABOUT THE
 APPLICANT'S ARREST OR CONVICTION RECORD IF  BEFORE  TAKING  ANY  ADVERSE
 EMPLOYMENT ACTION BASED ON SUCH INQUIRY, THE EMPLOYER, EMPLOYMENT AGENCY
 OR AGENT THEREOF:
   (A)  PROVIDES  A  WRITTEN  COPY  OF  THE INQUIRY TO THE APPLICANT IN A
 MANNER TO BE DETERMINED BY THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES,
 AND  ADVISES  THE  APPLICANT  THAT  HE  OR  SHE MAY SUBMIT ANY AVAILABLE
 EVIDENCE OF REHABILITATION OR GOOD CONDUCT SINCE THE  OFFENSE  IN  QUES-
 TION,  WHICH  SHALL  BE  CONSIDERED IN THE ANALYSIS PERFORMED UNDER THIS
 ARTICLE;
   (B) PERFORMS AN ANALYSIS OF  THE  APPLICANT  UNDER  THIS  ARTICLE  AND
 PROVIDES A WRITTEN COPY OF SUCH ANALYSIS TO THE APPLICANT IN A MANNER TO
 BE  DETERMINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND ADVISES
 THE APPLICANT THAT HE OR SHE MAY SUBMIT ANY AVAILABLE EVIDENCE OF  REHA-
 BILITATION OR GOOD CONDUCT SINCE THE OFFENSE IN QUESTION, WHICH SHALL BE
 CONSIDERED  IN  THE  ANALYSIS  PERFORMED UNDER THIS ARTICLE, WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO SUPPORTING DOCUMENTS THAT FORMED THE BASIS
 FOR AN ADVERSE ACTION BASED ON  SUCH  ANALYSIS  AND  THE  EMPLOYER'S  OR
 EMPLOYMENT  AGENCY'S  REASONS FOR TAKING ANY ADVERSE ACTION AGAINST SUCH
 APPLICANT; AND
   (C) AFTER GIVING THE APPLICANT THE INQUIRY  AND  ANALYSIS  IN  WRITING
 PURSUANT  TO  PARAGRAPHS  (A)  AND  (B)  OF THIS SUBDIVISION, ALLOWS THE

 A. 4868                             6
 
 APPLICANT A REASONABLE TIME TO RESPOND, WHICH  SHALL  BE  NO  LESS  THAN
 SEVEN  BUSINESS  DAYS  AND DURING THIS TIME, HOLDS THE POSITION OPEN FOR
 THE APPLICANT.
   3. NOTHING IN THIS SECTION SHALL PREVENT AN EMPLOYER, EMPLOYMENT AGEN-
 CY  OR  AGENT THEREOF FROM TAKING ADVERSE ACTION AGAINST ANY EMPLOYEE OR
 DENYING EMPLOYMENT TO ANY APPLICANT FOR REASONS OTHER THAN SUCH EMPLOYEE
 OR APPLICANT'S ARREST OR CRIMINAL CONVICTION RECORD.
   4. AN APPLICANT SHALL NOT BE REQUIRED TO RESPOND  TO  ANY  INQUIRY  OR
 STATEMENT  THAT VIOLATES SUBDIVISION ONE OF THIS SECTION AND ANY REFUSAL
 TO RESPOND TO SUCH INQUIRY OR STATEMENT OR ANY RESPONSE IN THE  NEGATIVE
 TO  SUCH  INQUIRY SHALL NOT DISQUALIFY AN APPLICANT FROM THE PROSPECTIVE
 EMPLOYMENT.
   5. THIS SECTION SHALL NOT APPLY TO ANY ACTIONS TAKEN BY AN EMPLOYER OR
 AGENT THEREOF THAT ARE REQUIRED PURSUANT TO ANY STATE, FEDERAL OR  LOCAL
 LAW  THAT REQUIRES CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT PURPOSES OR
 BARS EMPLOYMENT BASED ON CRIMINAL HISTORY. FOR PURPOSES  OF  THIS  PARA-
 GRAPH  FEDERAL  LAW  SHALL INCLUDE RULES OR REGULATIONS PROMULGATED BY A
 SELF-REGULATORY ORGANIZATION AS DEFINED IN SECTION 3(A)(26) OF THE SECU-
 RITIES EXCHANGE ACT OF 1934, AS AMENDED.  A PERSON WHO  IS  REQUIRED  TO
 PERFORM  A CRIMINAL BACKGROUND CHECK PURSUANT TO FEDERAL, STATE OR LOCAL
 LAW MAY INFORM THE APPLICANT THAT THE PROSPECTIVE  LICENSE,  PERMIT,  OR
 EMPLOYMENT  IS  SUBJECT  TO  A  BACKGROUND  CHECK AND THAT THE PERSON IS
 PROHIBITED BY LAW FROM LICENSING, PERMITTING, OR  EMPLOYING  INDIVIDUALS
 WITH CERTAIN CRIMINAL CONVICTIONS, THOUGH SUCH PROHIBITION MAY BE LIFTED
 BY  A  CERTIFICATE  OF  RELIEF  FROM DISABILITIES OR CERTIFICATE OF GOOD
 CONDUCT UNDER ARTICLE TWENTY-THREE OF THIS CHAPTER.
   6. THIS SECTION SHALL NOT APPLY TO ANY ACTIONS TAKEN BY AN EMPLOYER OR
 AGENT THEREOF WITH REGARD TO AN APPLICANT FOR EMPLOYMENT:
   (A) AS A POLICE OFFICER OR PEACE OFFICER, AS DEFINED  IN  SUBDIVISIONS
 THIRTY-THREE  AND  THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE
 LAW; OR
   (B) IN A POSITION THAT INVOLVES LAW  ENFORCEMENT,  IS  SUSCEPTIBLE  TO
 BRIBERY  OR OTHER CORRUPTION, AS DETERMINED BY THE STATE POLICE OR OTHER
 AGENCY SELECTED BY THE GOVERNOR, OR ENTAILS THE PROVISION OF SERVICES TO
 OR SAFEGUARDING OF PERSONS WHO, BECAUSE OF AGE, DISABILITY, INFIRMITY OR
 OTHER CONDITION, ARE VULNERABLE TO ABUSE, AS DETERMINED BY  THE  JUSTICE
 CENTER  FOR  PERSONS  WITH SPECIAL NEEDS OR OTHER AGENCY SELECTED BY THE
 GOVERNOR.  IF AN EMPLOYER TAKES ADVERSE ACTION AGAINST ANY APPLICANT FOR
 SUCH POSITION BASED ON THE APPLICANT'S  ARREST  OR  CRIMINAL  CONVICTION
 RECORD, IT SHALL STILL PROVIDE A WRITTEN COPY OF SUCH ANALYSIS PERFORMED
 UNDER  THIS  ARTICLE  TO THE APPLICANT IN A FORM AND MANNER TO BE DETER-
 MINED BY THE DIVISION.
   7. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCEABLE AGAINST  PUBLIC
 AGENCIES  AND AGAINST PRIVATE EMPLOYERS BY A PROCEEDING BROUGHT PURSUANT
 TO ARTICLE FIFTEEN OF THE EXECUTIVE LAW. FOR PURPOSES OF  THIS  SUBDIVI-
 SION  ONLY,  THE TERMS "PUBLIC AGENCY" AND "PRIVATE EMPLOYER" SHALL HAVE
 THE MEANING GIVEN SUCH TERMS IN SECTION  SEVEN  HUNDRED  FIFTY  OF  THIS
 ARTICLE.
   §  13.  Section  755 of the correction law, as added by chapter 931 of
 the laws of 1976, is renumbered 756 and amended to read as follows:
   § 756. Enforcement. [1. In relation to actions by public agencies, the
 provisions of this article shall be enforceable by a proceeding  brought
 pursuant to article seventy-eight of the civil practice law and rules.
   2. In relation to actions by private employers, the] THE provisions of
 this article shall be enforceable by the division of human rights pursu-
 ant  to  the  powers  and procedures set forth in article fifteen of the

 A. 4868                             7
 
 executive law, and, concurrently, by the New  York  city  commission  on
 human rights.
   §  14.  Subdivision 8 of section 170.55 of the criminal procedure law,
 as added by chapter 134 of the laws of 1982 and  renumbered  by  chapter
 683 of the laws of 1990, is amended to read as follows:
   8.  (A)  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 the dismissal of the accusatory instrument pursuant to this
 section, the arrest and prosecution shall be deemed a  nullity  and  the
 defendant  shall  be restored, in contemplation of law, to the status he
 occupied before his arrest and prosecution.
   (B) FOR PURPOSES OF EMPLOYMENT  AND  LICENSING,  THE  GRANTING  OF  AN
 ADJOURNMENT  IN  CONTEMPLATION OF DISMISSAL SHALL BE CONSIDERED A TERMI-
 NATION OF THE MATTER IN THE DEFENDANT'S FAVOR AND NO ADVERSE  EMPLOYMENT
 ACTION  MAY  BE BASED ON A CASE THAT HAS BEEN ADJOURNED IN CONTEMPLATION
 OF DISMISSAL.
   § 15. Section 170.56 of the  criminal  procedure  law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5.  FOR  PURPOSES  OF  EMPLOYMENT  AND  LICENSING,  THE GRANTING OF AN
 ADJOURNMENT IN CONTEMPLATION OF DISMISSAL SHALL BE CONSIDERED  A  TERMI-
 NATION  OF THE MATTER IN THE DEFENDANT'S FAVOR AND NO ADVERSE EMPLOYMENT
 ACTION MAY BE BASED ON A CASE THAT HAS BEEN ADJOURNED  IN  CONTEMPLATION
 OF DISMISSAL.
   §  16.  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.  (A)  It  shall  be  an  unlawful  discriminatory practice, unless
 specifically required or permitted by statute, for any  person,  agency,
 bureau,  corporation  or  association, including the state and any poli-
 tical subdivision thereof, to make any inquiry  about,  whether  in  any
 form  of application or otherwise, or to act upon adversely to the indi-
 vidual involved, any arrest or criminal accusation  of  such  individual
 not  then pending against that individual which was followed by a termi-
 nation of that criminal action or proceeding in favor of  such  individ-
 ual,  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 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,  OR BY THE GRANTING OF AN ADJOURNMENT IN CONTEMPLATION
 OF DISMISSAL PURSUANT TO ARTICLE ONE HUNDRED  SEVENTY  OF  THE  CRIMINAL
 PROCEDURE  LAW;  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 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 procedure law, or by a conviction which is sealed
 pursuant to section 160.58 or 160.59 of the criminal procedure  law,  OR
 BY THE GRANTING OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL PURSUANT
 TO  ARTICLE  ONE  HUNDRED  SEVENTY  OF  THE  CRIMINAL PROCEDURE LAW. The

 A. 4868                             8
 
 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 or 160.59 of the criminal procedure  law,  OR
 BY THE GRANTING OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL PURSUANT
 TO ARTICLE ONE HUNDRED SEVENTY OF THE CRIMINAL PROCEDURE LAW.
   (B) ANY PERSON SUBJECTED TO AN INQUIRY CONCERNING ANY ARREST OR CRIMI-
 NAL  ACCUSATION  IN VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE
 ENTITLED TO RESPOND IN THE  NEGATIVE  TO  SUCH  QUESTION  IF  RESPONDING
 OTHERWISE  WOULD  REQUIRE  DISCLOSURES  RELATING TO A CASE THAT HAS BEEN
 SEALED OR OTHERWISE TERMINATED IN FAVOR OF THE PERSON, AND SUCH NEGATIVE
 RESPONSE, EVEN IF TECHNICALLY FALSE, MAY NOT BE  USED  AS  A  BASIS  FOR
 ADVERSE EMPLOYMENT ACTION.
   §  17.  Subdivision  7 of section 390-e of the social services law, as
 added by chapter 459 of the laws of 2006, is amended to read as follows:
   7. Upon the  request  of  any  person  [previously]  CHARGED  WITH  OR
 convicted  of  one or more criminal offenses who has been denied employ-
 ment pursuant to subdivision six of this section, the mentoring  program
 shall  provide,  within thirty days of such request, a written statement
 setting forth the reasons  for  such  denial.  Any  such  person  denied
 employment pursuant to subdivision six of this section shall be afforded
 the  opportunities  for  enforcement available pursuant to section seven
 hundred [fifty-five] FIFTY-SIX of the correction law.
   § 18. This act shall take effect on the ninetieth day after  it  shall
 have  become a law. Effective immediately the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.