S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6045
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2019
                                ___________
 
 Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY, PERRY, ABINANTI -- read
   once and referred to the Committee on Correction
 
 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01412-01-9

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 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,  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 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 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, PURSU-
 ANT  TO SECTION 170.55, 170.56, 210.46, 210.47 OR 215.10 OF THE CRIMINAL
 PROCEDURE LAW, SHALL NOT BE CONSIDERED  A  PENDING  ACTION,  UNLESS  THE
 ORDER  TO  ADJOURN IN CONTEMPLATION OF DISMISSAL IS REVOKED AND THE CASE
 IS RESTORED TO THE CALENDAR FOR FURTHER PROSECUTION.
   § 2. 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 THE PROVISIONS OF
 SUBDIVISION  SIXTEEN  OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
 LAW. 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
 OR SHE occupied before his OR HER arrest and prosecution.
   § 3. 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  THE  PROVISIONS  OF  SUBDIVISION  SIXTEEN  OF
 SECTION  TWO  HUNDRED NINETY-SIX OF THE EXECUTIVE 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.
   § 4. 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.

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   §  5.  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 on or before
 such date.