Assembly Bill A6103

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6103
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 28, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  criminal
   history background check of transportation network company drivers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (b) and (c) of subdivision 2 of section 1699  of
 the  vehicle  and traffic law, paragraph (b) as amended by chapter 60 of
 the laws of 2017 and paragraph (c) as added by section 2 of part AAA  of
 chapter 59 of the laws of 2017, are amended to read as follows:
   (b)  An applicant shall be disqualified to receive a TNC driver permit
 where he or she:
   (i) stands convicted in the last three years of:  unlawful  fleeing  a
 police  officer  in  a  motor  vehicle  in violation of sections 270.35,
 270.30 or 270.25 of the penal law,  reckless  driving  in  violation  of
 section  twelve  hundred twelve of this chapter, operating while license
 or privilege is suspended  or  revoked  in  violation  of  section  five
 hundred  eleven  of  this  chapter,  excluding subdivision seven of such
 section, a misdemeanor offense of operating a motor vehicle while  under
 the influence of alcohol or drugs in violation of section eleven hundred
 ninety-two  of  this  chapter,  or  leaving  the scene of an accident in
 violation of subdivision two of section six hundred of this chapter.  In
 calculating the three year period under this subparagraph, any period of
 time  during  which  the person was incarcerated after the commission of
 such offense shall be excluded and  such  three  year  period  shall  be
 extended by a period or periods equal to the time spent incarcerated;
   (ii)  stands  convicted  in  the last seven years of: a felony offense
 defined in article one hundred twenty-five of the penal law,  a  violent
 felony  offense  defined  in  section  70.02 of the penal law, a class A
 felony offense defined in the penal law, a  felony  offense  defined  in
 section  eleven hundred ninety-two of this chapter, or any conviction of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10136-01-9

 A. 6103                             2
 
 an offense in any other jurisdiction that has all the essential elements
 of an offense listed in this subparagraph. In calculating the seven year
 period under this subparagraph, any period  of  time  during  which  the
 person  was  incarcerated  after the commission of such offense shall be
 excluded and such seven year period shall be extended  by  a  period  or
 periods equal to the time spent incarcerated; or
   (iii)  STANDS CONVICTED OF A SEX OFFENSE DEFINED IN SUBDIVISION TWO OF
 SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION  LAW  OR  ANY  OTHER
 OFFENSE  FOR  WHICH THE PERSON is required to register as a sex offender
 pursuant to article six-C of the correction law FOR THE DURATION OF TIME
 FOR WHICH THEY ARE REQUIRED TO REGISTER AS A SEX  OFFENDER  PURSUANT  TO
 SUCH ARTICLE.
   (c) A criminal history record that contains criminal conviction infor-
 mation  that  does not disqualify an applicant pursuant to subparagraphs
 (i) [or], (ii) OR (III) of paragraph (b) of this subdivision,  shall  be
 reviewed   and   considered  according  to  the  provisions  of  article
 twenty-three-A of  the  correction  law  and  subdivisions  fifteen  and
 sixteen of section two hundred ninety-six of the executive law in deter-
 mining  whether  or  not  the  applicant should be issued a TNC driver's
 permit.
   § 2. Subdivision 1 of section 1696 of the vehicle and traffic  law  is
 amended by adding a new paragraph (g) to read as follows:
   (G)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPART-
 MENT OF CRIMINAL JUSTICE SERVICES SHALL PERMIT A TNC, OR A  THIRD  PARTY
 ON BEHALF OF A TNC, THAT IS SUBJECT TO THE PROVISIONS OF THIS SECTION TO
 ACCESS THE NEW YORK STATE SEX OFFENDER REGISTRY BY ELECTRONIC MEANS.
   §  3.  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 effective date.