NY State Assembly Bill 2019-A8504C

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2020	print number 8504c
Aug 17, 2020	amend and recommit to correction
Mar 02, 2020	print number 8504b
Mar 02, 2020	amend and recommit to correction
Jan 23, 2020	print number 8504a
Jan 23, 2020	amend and recommit to correction
Jan 08, 2020	referred to correction
Aug 07, 2019	referred to correction

2019-A8504 - Details

See Senate Version of this Bill:: S8043
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd Art 23-A Art Head, §§751, 752 & 753, add §752-a, Cor L; add §5-338, Gen Ob L; add §79-q, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:: A1527, S338

2019-A8504 - Summary

Requires public agencies and private employers to adopt a policy that requires the public agency or private employer to provide a person who has been convicted of a crime an opportunity to submit an explanation of the facts surrounding the offense and conviction and any other information the person deems relevant to the issue prior to making a determination regarding the convicted person's employment or a determination to refuse to issue a license to such person; requires contracts not be terminated, canceled or not renewed due to a conviction without an opportunity to submit an explanation.

2019-A8504 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8504
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 7, 2019
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, the general obligations law and  the
   civil rights law, in relation to enacting the "second chance act"
 
   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  "second
 chance act".
   §  2.  Legislative  findings  and intent. The legislature hereby finds
 that notwithstanding moral and ethical upbringing, individuals from  all
 status and places in life are predisposed to making wrong decisions that
 carry  consequences  detrimental  to  such  person's  best interest. The
 legislature further finds and agrees with the general consensus that, as
 humans we are not infallible and are all subject to  making  errors  and
 mistakes at various stages in our lives. The legislature also finds that
 the  adoption  of public policy that embraces and provides opportunities
 for forgiveness and redemption, and  also  allows  for  those  who  make
 errors to have the right to a second chance, is in the best interest and
 the overall good and positive benefit to our great state.  Therefore, it
 is  the intent of the legislature to provide with this law a right and a
 process through which such person, shall be allowed the  opportunity  to
 explain  the circumstances which led to such person being convicted of a
 crime, and rather than automatically being dismissed  from  his  or  her
 job,  for there to be a process which provides for the reasonable review
 of the facts  and  a  reasonable  consideration  for  the  extension  of
 forgiveness  and  a  second chance which would allow such person to hold
 and continue in such employment without loss  of  benefits  commensurate
 with the position.
   §  3.  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11000-11-9

 A. 8504                             2
 
             LICENSURE AND EMPLOYMENT OF PERSONS CONVICTED OF OR
           PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES
   §  4.  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 CONVICTED  OR  previously
 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]
 INDIVIDUAL  BEING  CONVICTED  OF ONE OR MORE CRIMINAL OFFENSES OR 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  upon the fact that the individual has BEEN OR HAS previously been
 convicted of one or more criminal offenses, unless:
   (1) there is a direct relationship between one or more of the previous
 criminal offenses and the specific license or employment sought or  held
 by the individual; or
   (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.
   § 5. Subdivision 1 of section 753 of the correction law, as  added  by
 chapter 931 of the laws of 1976, paragraph (b) as amended by chapter 284
 of the laws of 2007, is amended and a new subdivision 3 is added to read
 as follows:
   1.  In making a determination pursuant to section seven hundred fifty-
 two of this [chapter] ARTICLE, 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  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 convicted will have on his OR HER fitness or
 ability to perform one or more such duties or responsibilities.
   (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 OR  HER
 behalf,  in regard to THE CIRCUMSTANCES OF THE CONVICTION AND his OR HER
 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.
   3. EACH PUBLIC AGENCY OR PRIVATE EMPLOYER SHALL ADOPT  A  POLICY  THAT
 REQUIRES  THE  PUBLIC  AGENCY  OR PRIVATE EMPLOYER TO PROVIDE THE PERSON
 WITH AN OPPORTUNITY TO SUBMIT AN EXPLANATION OF  THE  FACTS  SURROUNDING
 THE  OFFENSE  AND  CONVICTION AND ANY OTHER INFORMATION THE PERSON DEEMS
 RELEVANT TO THE ISSUE PRIOR TO MAKING A DETERMINATION PURSUANT TO SUBDI-
 VISIONS ONE AND TWO OF SECTION SEVEN HUNDRED FIFTY-TWO OF THIS  ARTICLE.
 NOTHING  IN  THIS  SUBDIVISION SHALL PROHIBIT A PUBLIC AGENCY OR PRIVATE
 EMPLOYER FROM IMPOSING SANCTIONS UPON A PERSON CONVICTED OF OR PREVIOUS-

 A. 8504                             3
 
 LY CONVICTED OF A CRIME IN ACCORDANCE WITH THE REGULATIONS, POLICIES AND
 PRACTICES OF THE PUBLIC AGENCY OR PRIVATE EMPLOYER.
   §  6.   The general obligations law is amended by adding a new section
 5-337 to read as follows:
   § 5-337. AGREEMENTS INCLUDING TERMINATION DUE TO THE CONVICTION  OF  A
 PARTY  VOID  AND  UNENFORCEABLE.  1. EVERY COVENANT, AGREEMENT OR UNDER-
 STANDING BETWEEN   A GOVERNMENTAL ENTITY OR A  BUSINESS  ENTITY  AND  AN
 INDIVIDUAL OR GROUP ENABLING SUCH INDIVIDUAL OR GROUP TO CARRY OUT SPEC-
 IFIED  COMMERCIAL  ACTIVITIES,  INCLUDING BUT NOT LIMITED TO PROVIDING A
 BROADCASTING SERVICE OR  ACTING  AS  AN  AGENT  FOR  THE  ENTITY,  WHICH
 INCLUDES  A  CLAUSE ALLOWING FOR THE TERMINATION OF THE COVENANT, AGREE-
 MENT OR UNDERSTANDING UPON A CONVICTION OF A PARTY SHALL BE DEEMED TO BE
 VOID AS AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE.
   2. ALL COVENANTS, AGREEMENTS OR UNDERSTANDINGS BETWEEN A  GOVERNMENTAL
 ENTITY  OR  A  BUSINESS  ENTITY AND AN INDIVIDUAL OR GROUP ENABLING SUCH
 INDIVIDUAL OR  GROUP  TO  CARRY  OUT  SPECIFIED  COMMERCIAL  ACTIVITIES,
 INCLUDING  BUT NOT LIMITED TO PROVIDING A BROADCASTING SERVICE OR ACTING
 AS AN AGENT FOR THE ENTITY, SHALL INCLUDE THE RIGHT TO AN OPPORTUNITY TO
 SUBMIT AN EXPLANATION OF THE FACTS SURROUNDING ANY CONVICTION OR ALLEGED
 OFFENSE AS WELL AS ANY OTHER INFORMATION THE PARTY DEEMS RELEVANT TO THE
 CONVICTION OR ALLEGED OFFENSE PRIOR TO ANY PARTY TERMINATING A  CONTRACT
 DUE TO A CONVICTION OR ALLEGED OFFENSE.
   3.  NOTHING  IN  THIS  SECTION SHALL PROHIBIT A GOVERNMENTAL ENTITY OR
 BUSINESS ENTITY FROM IMPOSING  SANCTIONS  UPON  A  PERSON  CONVICTED  OR
 PREVIOUSLY  CONVICTED  OF  A  CRIME  IN ACCORDANCE WITH THE REGULATIONS,
 POLICIES AND PRACTICES OF THE GOVERNMENTAL ENTITY OR BUSINESS ENTITY.
   § 7. The civil rights law is amended by adding a new section  79-o  to
 read as follows:
   § 79-O. RIGHT TO A REASONABLE REVIEW OF FACTS AND A REASONABLE CONSID-
 ERATION  FOR THE EXTENSION OF FORGIVENESS AND A SECOND CHANCE. NO PERSON
 OR ENTITY SHALL TERMINATE, CANCEL OR REFUSE TO RENEW ANY CONTRACT  BASED
 ON  AN INDIVIDUAL BEING CONVICTED OF ONE OR MORE CRIMINAL OFFENSES WITH-
 OUT SUCH INDIVIDUAL BEING GIVEN AN OPPORTUNITY TO SUBMIT AN  EXPLANATION
 OF  THE  FACTS  SURROUNDING ANY CONVICTION OR ALLEGED OFFENSE AS WELL AS
 ANY OTHER INFORMATION THE INDIVIDUAL DEEMS RELEVANT TO THE CONVICTION OR
 ALLEGED OFFENSE AND PROVIDED A REASONABLE REVIEW  OF  THE  FACTS  AND  A
 REASONABLE  CONSIDERATION  FOR THE EXTENSION OF FORGIVENESS AND A SECOND
 CHANCE.
   § 8. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

co-Sponsors

2019-A8504A - Details

See Senate Version of this Bill:: S8043
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd Art 23-A Art Head, §§751, 752 & 753, add §752-a, Cor L; add §5-338, Gen Ob L; add §79-q, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:: A1527, S338

2019-A8504A - Summary

Requires public agencies and private employers to adopt a policy that requires the public agency or private employer to provide a person who has been convicted of a crime an opportunity to submit an explanation of the facts surrounding the offense and conviction and any other information the person deems relevant to the issue prior to making a determination regarding the convicted person's employment or a determination to refuse to issue a license to such person; requires contracts not be terminated, canceled or not renewed due to a conviction without an opportunity to submit an explanation.

2019-A8504A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8504--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 7, 2019
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Correction -- recommitted to the Committee on Correction in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the correction law, the general obligations law and  the
   civil rights law, in relation to enacting the "second chance act"
 
   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  "second
 chance act".
   §  2.  Legislative  findings  and intent. The legislature hereby finds
 that notwithstanding moral and ethical upbringing, individuals from  all
 status and places in life are predisposed to making wrong decisions that
 carry  consequences  detrimental  to  such  person's  best interest. The
 legislature further finds and agrees with the general consensus that, as
 humans we are not infallible and are all subject to  making  errors  and
 mistakes at various stages in our lives. The legislature also finds that
 the  adoption  of public policy that embraces and provides opportunities
 for forgiveness and redemption, and  also  allows  for  those  who  make
 errors to have the right to a second chance, is in the best interest and
 the overall good and positive benefit to our great state.  Therefore, it
 is  the intent of the legislature to provide with this law a right and a
 process through which such person, shall be allowed the  opportunity  to
 explain  the circumstances which led to such person being convicted of a
 crime, and rather than automatically being dismissed  from  his  or  her
 job,  for there to be a process which provides for the reasonable review
 of the facts  and  a  reasonable  consideration  for  the  extension  of
 forgiveness  and  a  second chance which would allow such person to hold
 and continue in such employment without loss of income, wages  or  other
 benefits commensurate with the position.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11000-15-0

 A. 8504--A                          2
 
   §  3.  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 CONVICTED OF OR
           PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES
   §  4.  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 CONVICTED  OR  previously
 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]
 INDIVIDUAL  BEING  CONVICTED  OF ONE OR MORE CRIMINAL OFFENSES OR 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  upon the fact that the individual has BEEN OR HAS previously been
 convicted of one or more criminal offenses, unless:
   (1) there is a direct relationship between one or more of the previous
 criminal offenses and the specific license or employment sought or  held
 by the individual; or
   (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.
   § 5. Subdivision 1 of section 753 of the correction law, as  added  by
 chapter 931 of the laws of 1976, paragraph (b) as amended by chapter 284
 of the laws of 2007, is amended and a new subdivision 3 is added to read
 as follows:
   1.  In making a determination pursuant to section seven hundred fifty-
 two of this [chapter] ARTICLE, 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  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 convicted will have on his OR HER fitness or
 ability to perform one or more such duties or responsibilities.
   (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 OR  HER
 behalf,  in regard to THE CIRCUMSTANCES OF THE CONVICTION AND his OR HER
 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.
   3. EACH PUBLIC AGENCY OR PRIVATE EMPLOYER SHALL ADOPT  A  POLICY  THAT
 REQUIRES  THE  PUBLIC  AGENCY  OR PRIVATE EMPLOYER TO PROVIDE THE PERSON
 WITH AN OPPORTUNITY TO SUBMIT AN EXPLANATION OF  THE  FACTS  SURROUNDING
 THE  OFFENSE  AND  CONVICTION AND ANY OTHER INFORMATION THE PERSON DEEMS
 RELEVANT TO THE ISSUE PRIOR TO MAKING A DETERMINATION PURSUANT TO SUBDI-
 VISIONS ONE AND TWO OF SECTION SEVEN HUNDRED FIFTY-TWO OF THIS  ARTICLE.
 NOTHING  IN  THIS  SUBDIVISION  SHALL  PROHIBIT A PUBLIC AGENCY, PRIVATE

 A. 8504--A                          3
 
 EMPLOYER OR CORPORATE ENTITY AUTHORIZED  TO  CONDUCT  BUSINESS  IN  THIS
 STATE  FROM  IMPOSING SANCTIONS UPON A PERSON CONVICTED OF OR PREVIOUSLY
 CONVICTED OF A CRIME IN ACCORDANCE WITH THE  REGULATIONS,  POLICIES  AND
 PRACTICES OF THE PUBLIC AGENCY OR PRIVATE EMPLOYER.
   §  6.   The general obligations law is amended by adding a new section
 5-338 to read as follows:
   § 5-338. AGREEMENTS INCLUDING TERMINATION DUE TO THE CONVICTION  OF  A
 PARTY  VOID  AND  UNENFORCEABLE.  1. EVERY COVENANT, AGREEMENT OR UNDER-
 STANDING BETWEEN   A GOVERNMENTAL ENTITY OR A  BUSINESS  ENTITY  AND  AN
 INDIVIDUAL OR GROUP ENABLING SUCH INDIVIDUAL OR GROUP TO CARRY OUT SPEC-
 IFIED  COMMERCIAL  ACTIVITIES,  INCLUDING BUT NOT LIMITED TO PROVIDING A
 BROADCASTING SERVICE OR  ACTING  AS  AN  AGENT  FOR  THE  ENTITY,  WHICH
 INCLUDES  A  CLAUSE ALLOWING FOR THE TERMINATION OF THE COVENANT, AGREE-
 MENT OR UNDERSTANDING UPON A CONVICTION OF A PARTY SHALL BE DEEMED TO BE
 VOID AS AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE.
   2. ALL COVENANTS, AGREEMENTS OR UNDERSTANDINGS BETWEEN A  GOVERNMENTAL
 ENTITY  OR  A  BUSINESS  ENTITY AND AN INDIVIDUAL OR GROUP ENABLING SUCH
 INDIVIDUAL OR  GROUP  TO  CARRY  OUT  SPECIFIED  COMMERCIAL  ACTIVITIES,
 INCLUDING  BUT NOT LIMITED TO PROVIDING A BROADCASTING SERVICE OR ACTING
 AS AN AGENT FOR THE ENTITY, SHALL INCLUDE THE RIGHT TO AN OPPORTUNITY TO
 SUBMIT AN EXPLANATION OF THE FACTS SURROUNDING ANY CONVICTION OR ALLEGED
 OFFENSE AS WELL AS ANY OTHER INFORMATION THE PARTY DEEMS RELEVANT TO THE
 CONVICTION OR ALLEGED OFFENSE PRIOR TO ANY PARTY TERMINATING A  BUSINESS
 CONTRACT  OR  CONTRACT  OF  EMPLOYMENT  DUE  TO  A CONVICTION OR ALLEGED
 OFFENSE.
   3. NOTHING IN THIS SECTION SHALL PROHIBIT  A  GOVERNMENTAL  ENTITY  OR
 BUSINESS  ENTITY  FROM  IMPOSING  SANCTIONS  UPON  A PERSON CONVICTED OR
 PREVIOUSLY CONVICTED OF A CRIME  IN  ACCORDANCE  WITH  THE  REGULATIONS,
 POLICIES AND PRACTICES OF THE GOVERNMENTAL ENTITY OR BUSINESS ENTITY.
   4. IF REVIEW OF THE FACTS SHALL FIND THAT IN THE HISTORY OF THE EXIST-
 ENCE  OF  THE  CORPORATE  ENTITY,  A PERSON HOLDING A SIMILAR LICENSE OR
 AGREEMENT TO DO BUSINESS IN THE NAME OF THE CORPORATE  ENTITY,  WHO  WAS
 CONVICTED  OF  A  FELONY  OR  ANY OFFENSE FOR WHICH THE CORPORATE ENTITY
 WOULD HAVE CLAIMED THE RIGHT TO TERMINATE THE BUSINESS  RELATIONSHIP  OR
 PERMIT  TO  ACT  UNDER  THE NAME OF THE CORPORATION, BUT SUCH PERSON WAS
 ALLOWED BY THE CORPORATE ENTITY TO CONTINUE TO HOLD  AND  EXERCISE  SUCH
 AUTHORITY  TO  DO  BUSINESS,  AND  THE  CORPORATE  ENTITY, SOLELY AT ITS
 DISCRETION, TOOK NO ACTION TO TERMINATE SUCH  AGREEMENT,  SUCH  PERSON'S
 RIGHT  TO  A REASONABLE REVIEW OF THE FACTS AND REASONABLE CONSIDERATION
 FOR THE EXTENSION OF FORGIVENESS AND A SECOND CHANCE PURSUANT TO SECTION
 SEVENTY-NINE-P OF THE CIVIL RIGHTS LAW SHALL BE DECIDED IN FAVOR OF  THE
 APPLICANT UNLESS A PRIOR SUCH EXTENSION HAD BEEN GRANTED.
   §  7.  The civil rights law is amended by adding a new section 79-p to
 read as follows:
   § 79-P. RIGHT TO A REASONABLE REVIEW OF FACTS AND A REASONABLE CONSID-
 ERATION FOR THE EXTENSION OF FORGIVENESS AND A SECOND CHANCE. NO  PERSON
 OR  ENTITY SHALL TERMINATE, CANCEL OR REFUSE TO RENEW ANY CONTRACT BASED
 ON AN INDIVIDUAL BEING CONVICTED OF ONE OR MORE CRIMINAL OFFENSES  WITH-
 OUT  SUCH INDIVIDUAL BEING GIVEN AN OPPORTUNITY TO SUBMIT AN EXPLANATION
 OF THE FACTS SURROUNDING ANY CONVICTION OR ALLEGED OFFENSE  AS  WELL  AS
 ANY OTHER INFORMATION THE INDIVIDUAL DEEMS RELEVANT TO THE CONVICTION OR
 ALLEGED  OFFENSE  AND  PROVIDED  A  REASONABLE REVIEW OF THE FACTS AND A
 REASONABLE CONSIDERATION FOR THE EXTENSION OF FORGIVENESS AND  A  SECOND
 CHANCE.
   §  8.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2019-A8504B - Details

See Senate Version of this Bill:: S8043
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd Art 23-A Art Head, §§751, 752 & 753, add §752-a, Cor L; add §5-338, Gen Ob L; add §79-q, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:: A1527, S338

2019-A8504B - Summary

Requires public agencies and private employers to adopt a policy that requires the public agency or private employer to provide a person who has been convicted of a crime an opportunity to submit an explanation of the facts surrounding the offense and conviction and any other information the person deems relevant to the issue prior to making a determination regarding the convicted person's employment or a determination to refuse to issue a license to such person; requires contracts not be terminated, canceled or not renewed due to a conviction without an opportunity to submit an explanation.

2019-A8504B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8504--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 7, 2019
                                ___________
 
 Introduced  by  M.  of A. PERRY, WEPRIN -- read once and referred to the
   Committee on Correction -- recommitted to the Committee on  Correction
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  again  reported  from  said  committee with amendments,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the correction law, the general obligations law and  the
   civil rights law, in relation to enacting the "second chance act"
 
   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  "second
 chance act".
   §  2.  Legislative  findings  and intent. The legislature hereby finds
 that notwithstanding moral and ethical upbringing, individuals from  all
 status and places in life are predisposed to making wrong decisions that
 carry  consequences  detrimental  to  such  person's  best interest. The
 legislature further finds and agrees with the general consensus that, as
 humans we are not infallible and are all subject to  making  errors  and
 mistakes at various stages in our lives. The legislature also finds that
 the  adoption  of public policy that embraces and provides opportunities
 for forgiveness and redemption, and  also  allows  for  those  who  make
 errors to have the right to a second chance, is in the best interest and
 the overall good and positive benefit to our great state.  Therefore, it
 is  the intent of the legislature to provide with this law a right and a
 process through which such person, shall be allowed the  opportunity  to
 explain  the circumstances which led to such person being convicted of a
 crime, and rather than automatically being dismissed  from  his  or  her
 job,  for there to be a process which provides for the reasonable review
 of the facts  and  a  reasonable  consideration  for  the  extension  of
 forgiveness  and  a  second chance which would allow such person to hold

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11000-20-0

 A. 8504--B                          2
 
 and continue in such employment without loss of income, wages  or  other
 benefits commensurate with the position.
   §  3.  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 CONVICTED OF OR
           PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES
   § 4. 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 CONVICTED OR previously
 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]
 INDIVIDUAL BEING CONVICTED OF ONE OR MORE CRIMINAL  OFFENSES  OR  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 upon the fact that the individual has BEEN OR HAS previously  been
 convicted of one or more criminal offenses, unless:
   (1) there is a direct relationship between one or more of the previous
 criminal  offenses and the specific license or employment sought or held
 by the individual; or
   (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.
   §  5.  Subdivision 1 of section 753 of the correction law, as added by
 chapter 931 of the laws of 1976, paragraph (b) as amended by chapter 284
 of the laws of 2007, is amended and a new subdivision 3 is added to read
 as follows:
   1. In making a determination pursuant to section seven hundred  fifty-
 two  of  this  [chapter]  ARTICLE, 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 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 convicted will have on his OR HER  fitness  or
 ability to perform one or more such duties or responsibilities.
   (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 OR HER
 behalf, in regard to THE CIRCUMSTANCES OF THE CONVICTION AND his OR  HER
 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.
   3.  EACH PUBLIC AGENCY OR PRIVATE BUSINESS ENTITY OR CORPORATION SHALL
 ADOPT A  POLICY  THAT REQUIRES  THE  PUBLIC  AGENCY  OR PRIVATE BUSINESS
 ENTITY  OR  CORPORATION TO PROVIDE THE CONVICTED OR PREVIOUSLY CONVICTED
 PERSON WITH AN OPPORTUNITY TO SUBMIT AN  EXPLANATION  OF    THE    FACTS
 SURROUNDING THE  OFFENSE  AND  CONVICTION AND ANY OTHER INFORMATION SUCH

 A. 8504--B                          3
 
 PERSON  DEEMS  RELEVANT  TO  THE  ISSUE, PRIOR TO MAKING A DETERMINATION
 PURSUANT TO SUBDIVISIONS ONE AND TWO OF SECTION SEVEN HUNDRED  FIFTY-TWO
 OF  THIS  ARTICLE. NOTHING   IN   THIS   SUBDIVISION   SHALL  PROHIBIT A
 PUBLIC  AGENCY,  PRIVATE  BUSINESS ENTITY OR CORPORATION DULY AUTHORIZED
 TO  CONDUCT BUSINESS  IN  THIS STATE  FROM   IMPOSING SANCTIONS  UPON  A
 PERSON  CONVICTED  OF  OR  PREVIOUSLY CONVICTED OF A CRIME IN ACCORDANCE
 WITH THE REGULATIONS,  POLICIES  AND PRACTICES OF THE PUBLIC  AGENCY  OR
 PRIVATE EMPLOYER.
   §  6.   The general obligations law is amended by adding a new section
 5-338 to read as follows:
   § 5-338. AGREEMENTS INCLUDING TERMINATION DUE TO THE CONVICTION  OF  A
 PARTY  VOID  AND UNENFORCEABLE. 1.   EVERY COVENANT, AGREEMENT OR UNDER-
 STANDING BETWEEN A GOVERNMENTAL ENTITY OR GRANTOR PRIVATE BUSINESS ENTI-
 TY OR CORPORATION AND   A PERSON OR  PERSONS  ENABLING  SUCH  PERSON  OR
 PERSONS  TO  CARRY OUT SPECIFIED   COMMERCIAL ACTIVITIES,  INCLUDING BUT
 NOT LIMITED TO PROVIDING A BROADCASTING SERVICE OR    ACTING    AS    AN
 AGENT    FOR    THE   GOVERNMENTAL ENTITY OR GRANTOR PRIVATE BUSINESS OR
 CORPORATION,  WHICH INCLUDES  A CLAUSE ALLOWING FOR THE  TERMINATION  OF
 THE  COVENANT,  AGREEMENT  OR  UNDERSTANDING  UPON  A CONVICTION OF SUCH
 PERSON OR PERSONS SHALL BE DEEMED TO BE VOID AS  AGAINST  PUBLIC  POLICY
 AND WHOLLY UNENFORCEABLE.
   2. ALL COVENANTS, AGREEMENTS OR UNDERSTANDINGS BETWEEN A  GOVERNMENTAL
 ENTITY  OR  GRANTOR PRIVATE BUSINESS  ENTITY OR CORPORATION AND A PERSON
 OR  PERSONS  ENABLING  SUCH  PERSON OR PERSONS TO  CARRY  OUT  SPECIFIED
 COMMERCIAL  ACTIVITIES, INCLUDING  BUT NOT LIMITED TO PROVIDING A BROAD-
 CASTING SERVICE OR ACTING AS AN AGENT FOR  THE  GOVERNMENTAL  ENTITY  OR
 GRANTOR  PRIVATE  BUSINESS  OR  CORPORATION, SHALL INCLUDE AND EXTEND TO
 SUCH PERSON OR PERSONS THE RIGHT TO AN OPPORTUNITY TO SUBMIT AN EXPLANA-
 TION OF THE FACTS SURROUNDING ANY CONVICTION OR ALLEGED OFFENSE AS  WELL
 AS  ANY  OTHER INFORMATION THE PARTY DEEMS RELEVANT TO THE CONVICTION OR
 ALLEGED OFFENSE PRIOR TO ANY PARTY TERMINATING A  BUSINESS CONTRACT   OR
 CONTRACT  OF EMPLOYMENT  DUE  TO  A CONVICTION OR ALLEGED OFFENSE.
   3. NOTHING IN THIS SECTION SHALL PROHIBIT  A  GOVERNMENTAL  ENTITY  OR
 GRANTOR  PRIVATE  BUSINESS   ENTITY OR CORPORATION FROM  IMPOSING  SANC-
 TIONS  UPON  A PERSON OR PERSONS CONVICTED OR PREVIOUSLY CONVICTED OF  A
 CRIME  IN  ACCORDANCE  WITH  THE  REGULATIONS, POLICIES AND PRACTICES OF
 THE  GOVERNMENTAL  ENTITY  OR  GRANTOR PRIVATE BUSINESS ENTITY OR CORPO-
 RATION. SUCH SANCTIONS SHALL NOT BE OF A DURATION THAT WOULD  IN  EFFECT
 TERMINATE THE VIABILITY OF THE AFFILIATED BUSINESS.
   4.  IF  A  REVIEW  OF  THE FACTS SHALL FIND THAT IN THE HISTORY OF THE
 EXISTENCE  OF  THE GRANTOR PRIVATE BUSINESS  ENTITY  OR  CORPORATION,  A
 PERSON  OR PERSONS HOLDING A SIMILAR LICENSE OR AGREEMENT TO DO BUSINESS
 IN THE NAME OF THE GRANTOR PRIVATE BUSINESS ENTITY OR  CORPORATION,  WHO
 WHILE  HOLDING  SUCH LICENSE OR PRIOR TO BEING GRANTED SUCH LICENSE, WAS
 CONVICTED OF A FELONY OR ANY OFFENSE FOR WHICH THE GRANTOR PRIVATE BUSI-
 NESS ENTITY OR CORPORATION COULD HAVE CLAIMED AND EXERCISED THE RIGHT TO
 TERMINATE THE BUSINESS RELATIONSHIP OR PERMIT TO ACT UNDER THE  NAME  OF
 THE  GRANTOR  PRIVATE  BUSINESS  ENTITY OR CORPORATION, BUT SUCH GRANTOR
 PRIVATE BUSINESS ENTITY OR CORPORATION, IN EXERCISE OF  ITS  DISCRETION,
 ALLOWED SUCH PERSON OR PERSONS TO ACQUIRE OR CONTINUE TO HOLD AND  EXER-
 CISE    SUCH  LICENSE  AND AUTHORITY   TO   DO BUSINESS, AND THE GRANTOR
 PRIVATE BUSINESS ENTITY OR CORPORATION TOOK NO ACTION TO TERMINATE  SUCH
 AGREEMENT, AND THE GRANTOR PRIVATE BUSINESS ENTITY OR CORPORATION DETER-
 MINED  NOT  TO  PROVIDE AN EXTENSION OF FORGIVENESS AND A SECOND CHANCE,
 THE GRANTOR PRIVATE BUSINESS ENTITY OR CORPORATION SHALL  STATE  WHY  IT
 DETERMINED  NOT  TO  GRANT  SUCH  SECOND CHANCE TO THE APPLICANT AND THE

 A. 8504--B                          4
 
 BURDEN OF PROOF WILL BE ON  SUCH  GRANTOR  PRIVATE  BUSINESS  ENTITY  OR
 CORPORATION TO DEMONSTRATE WITH SUBSTANTIVE AND CONVINCING PROOF HOW THE
 EXTENSION OF FORGIVENESS AND A SECOND CHANCE WOULD BE DETRIMENTAL TO THE
 INTEREST OF THE GRANTOR PRIVATE BUSINESS ENTITY OR CORPORATION.
   §  7.  The civil rights law is amended by adding a new section 79-p to
 read as follows:
   § 79-P. RIGHT TO A REASONABLE REVIEW OF FACTS AND A REASONABLE CONSID-
 ERATION FOR THE EXTENSION OF FORGIVENESS AND A SECOND CHANCE. NO  PERSON
 OR  ENTITY SHALL TERMINATE, CANCEL OR REFUSE TO RENEW ANY CONTRACT BASED
 ON AN INDIVIDUAL BEING CONVICTED OF ONE OR MORE CRIMINAL OFFENSES  WITH-
 OUT  SUCH INDIVIDUAL BEING GIVEN AN OPPORTUNITY TO SUBMIT AN EXPLANATION
 OF THE FACTS SURROUNDING ANY CONVICTION OR ALLEGED OFFENSE  AS  WELL  AS
 ANY OTHER INFORMATION THE INDIVIDUAL DEEMS RELEVANT TO THE CONVICTION OR
 ALLEGED  OFFENSE  AND  PROVIDED  A  REASONABLE REVIEW OF THE FACTS AND A
 REASONABLE CONSIDERATION FOR THE EXTENSION OF FORGIVENESS AND  A  SECOND
 CHANCE.
   § 8. This act shall take effect immediately.

co-Sponsors

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2019-A8504C (ACTIVE) - Details

See Senate Version of this Bill:: S8043
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Amd Art 23-A Art Head, §§751, 752 & 753, add §752-a, Cor L; add §5-338, Gen Ob L; add §79-q, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:: A1527, S338

2019-A8504C (ACTIVE) - Summary

Requires public agencies and private employers to adopt a policy that requires the public agency or private employer to provide a person who has been convicted of a crime an opportunity to submit an explanation of the facts surrounding the offense and conviction and any other information the person deems relevant to the issue prior to making a determination regarding the convicted person's employment or a determination to refuse to issue a license to such person; requires contracts not be terminated, canceled or not renewed due to a conviction without an opportunity to submit an explanation.

2019-A8504C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8504--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 7, 2019
                                ___________
 
 Introduced  by  M. of A. PERRY, WEPRIN, ORTIZ, MOSLEY, EPSTEIN, RICHARD-
   SON, DICKENS, SIMON -- read once and  referred  to  the  Committee  on
   Correction -- recommitted to the Committee on Correction in accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee --  again  reported  from
   said  committee  with  amendments,  ordered  reprinted  as amended and
   recommitted to said committee
 
 AN ACT to amend the correction law, the general obligations law and  the
   civil rights law, in relation to enacting the "second chance act"
 
   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  "second
 chance act".
   §  2.  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
   § 3. 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 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 conviction of one or more
 criminal offenses in this state or in any other jurisdiction preceded OR
 SUCCEEDED 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11000-26-0

 A. 8504--C                          2
 
 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.
   §  4.  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. 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] INDIVIDUAL BEING
 CONVICTED OF ONE OR MORE CRIMINAL OFFENSES  OR  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 upon the fact
 that the individual has previously been convicted of one or more  crimi-
 nal offenses, unless:
   (1) there is a direct relationship between one or more of the previous
 criminal  offenses and the specific license or employment sought or held
 by the individual; or
   (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.
   §  5.  The  correction law is amended by adding a new section 752-a to
 read as follows:
   § 752-A. CONVICTION  WHILE  EMPLOYED  OR  LICENSED.  1.  EXCEPT  WHERE
 CONTINUED  LICENSURE  OR  EMPLOYMENT IS PROHIBITED BY LAW, NO PERSON WHO
 HOLDS A LICENSE OR WHO IS EMPLOYED BY ANY  PUBLIC  OR  PRIVATE  EMPLOYER
 SHALL  HAVE  SUCH  LICENSE  REVOKED  OR  SHALL BE DENIED CONTINUATION OR
 RESUMPTION OF SUCH EMPLOYMENT BY REASON OF SUCH INDIVIDUAL  HAVING  BEEN
 CONVICTED OF ONE OR MORE CRIMINAL OFFENSES, OR BY REASON OF A FINDING OF
 A LACK OF GOOD MORAL CHARACTER, WHEN SUCH FINDING IS BASED UPON THE FACT
 THAT  SUCH  INDIVIDUAL  HAS  BEEN  CONVICTED  OF  ONE  OR  MORE CRIMINAL
 OFFENSES, UNLESS:
   (A) THERE IS A DIRECT RELATIONSHIP BETWEEN ONE OR MORE OF THE CRIMINAL
 OFFENSES AND THE SPECIFIC LICENSE OR EMPLOYMENT HELD BY SUCH INDIVIDUAL;
 OR
   (B) CONTINUATION OF THE LICENSE OR THE CONTINUATION OR  RESUMPTION  OF
 SUCH EMPLOYMENT WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY OR TO THE
 SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.
   2.  AS  USED  IN  THIS  SECTION,  THE  TERM  "CONVICTED"  SHALL MEAN A
 CONVICTION FOR A CRIME OTHER THAN A CLASS B VIOLENT FELONY AS DEFINED IN
 THE PENAL LAW, OR A CLASS A OR CLASS A-II FELONY AS DEFINED IN THE PENAL
 LAW, OTHER THAN A CLASS A OR CLASS A-II FELONY AS DEFINED IN ARTICLE TWO
 HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE IN  ANOTHER  JURISDICTION
 WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SUCH CRIME.
   §  6.  Subdivision 1 of section 753 of the correction law, as added by
 chapter 931 of the laws of 1976, paragraph (b) as amended by chapter 284
 of the laws of 2007, is amended and a new subdivision 3 is added to read
 as follows:
   1. In making a determination pursuant to section seven hundred  fifty-
 two  OR SECTION SEVEN HUNDRED FIFTY-TWO-A of this [chapter] ARTICLE, 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 convicted
 of one or more criminal offenses.

 A. 8504--C                          3
 
   (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 convicted will have on his OR HER  fitness  or
 ability to perform one or more such duties or responsibilities.
   (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 OR HER
 behalf, INCLUDING in regard  to  his  OR  HER  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.
   3.  EXCEPT  WHERE  CONTINUED LICENSURE OR EMPLOYMENT OF SUCH PERSON IS
 PROHIBITED BY LAW UNDER  SUCH  CIRCUMSTANCES,  EACH  PUBLIC  AGENCY  AND
 PRIVATE  BUSINESS  ENTITY  AND  CORPORATION SHALL ADOPT A   POLICY  THAT
 REQUIRES  THE  PUBLIC  AGENCY  OR PRIVATE BUSINESS ENTITY OR CORPORATION
 TO PROVIDE SUCH CONVICTED PERSON WITH AN OPPORTUNITY TO SUBMIT AN EXPLA-
 NATION OF  THE  FACTS  SURROUNDING THE  OFFENSE  AND  CONVICTION AND ANY
 OTHER INFORMATION SUCH PERSON DEEMS RELEVANT  TO  THE  ISSUE,  PRIOR  TO
 MAKING  A  DETERMINATION  PURSUANT TO SECTION SEVEN HUNDRED FIFTY-TWO OR
 SEVEN HUNDRED FIFTY-TWO-A OF THIS ARTICLE. NOTHING  IN   THIS   SUBDIVI-
 SION  SHALL  PROHIBIT A PUBLIC AGENCY, PRIVATE BUSINESS ENTITY OR CORPO-
 RATION DULY AUTHORIZED  TO  CONDUCT BUSINESS IN THIS STATE FROM IMPOSING
 SANCTIONS  UPON  A  PERSON  CONVICTED  OF A CRIME IN ACCORDANCE WITH THE
 REGULATIONS, POLICIES  AND PRACTICES OF THE  PUBLIC  AGENCY  OR  PRIVATE
 EMPLOYER.
   §  7.  The  general obligations law is amended by adding a new section
 5-338 to read as follows:
   § 5-338. AGREEMENTS  CONCERNING  TERMINATION  DUE  TO  CONVICTION.  1.
 TERMINATION. EXCEPT WHERE CONTINUATION OF SUCH COMMERCIAL ACTIVITIES ARE
 PROHIBITED BY LAW UNDER SUCH CIRCUMSTANCES, EVERY COVENANT, AGREEMENT OR
 UNDERSTANDING  BETWEEN A GOVERNMENTAL ENTITY, PRIVATE BUSINESS ENTITY OR
 CORPORATION AND  A PERSON OR PERSONS ENABLING SUCH PERSON OR PERSONS  TO
 CARRY  OUT  SPECIFIED    COMMERCIAL ACTIVITIES, WHICH INCLUDES  A CLAUSE
 REQUIRING THE AUTOMATIC TERMINATION OF THE COVENANT, AGREEMENT OR UNDER-
 STANDING UPON A CONVICTION OF SUCH PERSON OR PERSONS SHALL BE DEEMED  TO
 BE VOID AS AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE.
   2.  EXPLANATION.  EXCEPT  WHERE CONTINUATION OF SUCH COVENANTS, AGREE-
 MENTS OR UNDERSTANDINGS ARE PROHIBITED BY LAW UNDER SUCH  CIRCUMSTANCES,
 ALL  COVENANTS,  AGREEMENTS  OR  UNDERSTANDINGS BETWEEN A   GOVERNMENTAL
 ENTITY, PRIVATE BUSINESS ENTITY OR CORPORATION AND A PERSON  OR  PERSONS
 ENABLING  SUCH  PERSON  OR PERSONS TO  CARRY  OUT  SPECIFIED  COMMERCIAL
 ACTIVITIES SHALL INCLUDE AND EXTEND TO SUCH PERSON OR PERSONS THE  RIGHT
 TO  AN OPPORTUNITY TO SUBMIT AN EXPLANATION OF THE FACTS SURROUNDING ANY
 CONVICTION OR ALLEGED OFFENSE AS WELL AS ANY OTHER INFORMATION THE PARTY
 DEEMS RELEVANT TO THE CONVICTION OR ALLEGED OFFENSE PRIOR TO  ANY  PARTY
 TERMINATING  A   BUSINESS CONTRACT  OR  CONTRACT  OF EMPLOYMENT  DUE  TO
 A CONVICTION OR ALLEGED OFFENSE.
   3. SANCTIONS.  NOTHING IN THIS SECTION SHALL PROHIBIT  A  GOVERNMENTAL
 ENTITY, PRIVATE BUSINESS  ENTITY OR CORPORATION FROM   IMPOSING    SANC-
 TIONS    UPON   A PERSON OR PERSONS CONVICTED OF A CRIME  IN  ACCORDANCE
 WITH  THE  REGULATIONS, POLICIES AND PRACTICES OF THE GOVERNMENTAL ENTI-

 A. 8504--C                          4
 
 TY, PRIVATE BUSINESS ENTITY OR CORPORATION. UNLESS OTHERWISE  AUTHORIZED
 BY  LAW,  SUCH SANCTIONS SHALL NOT BE OF A DURATION THAT WOULD IN EFFECT
 TERMINATE THE VIABILITY OF THE AFFILIATED BUSINESS.
   4.  COMPARABILITY.    IF  A REVIEW OF THE FACTS SHALL FIND THAT IN THE
 HISTORY OF THE EXISTENCE OF THE PRIVATE BUSINESS ENTITY OR  CORPORATION,
 A  PERSON  OR PERSONS HOLDING A SIMILAR LICENSE OR AGREEMENT TO DO BUSI-
 NESS IN THE NAME OF THE PRIVATE  BUSINESS  ENTITY  OR  CORPORATION,  WHO
 WHILE  HOLDING  SUCH LICENSE OR PRIOR TO BEING GRANTED SUCH LICENSE, WAS
 CONVICTED OF A FELONY OR ANY OFFENSE  FOR  WHICH  THE  PRIVATE  BUSINESS
 ENTITY  OR  CORPORATION  COULD  HAVE  CLAIMED AND EXERCISED THE RIGHT TO
 TERMINATE THE BUSINESS RELATIONSHIP OR PERMIT TO ACT UNDER THE  NAME  OF
 THE  PRIVATE  BUSINESS  ENTITY OR CORPORATION, BUT SUCH PRIVATE BUSINESS
 ENTITY OR CORPORATION, IN  EXERCISE  OF  ITS  DISCRETION,  ALLOWED  SUCH
 PERSON  OR  PERSONS  TO  ACQUIRE OR CONTINUE TO HOLD AND  EXERCISE  SUCH
 LICENSE AND AUTHORITY  TO  DO BUSINESS, AND THE PRIVATE BUSINESS  ENTITY
 OR  CORPORATION  TOOK  NO  ACTION TO TERMINATE SUCH   AGREEMENT, AND THE
 PRIVATE BUSINESS ENTITY OR CORPORATION  DETERMINED  NOT  TO  PROVIDE  AN
 EXTENSION OF FORGIVENESS AND A SECOND CHANCE, THE PRIVATE BUSINESS ENTI-
 TY OR CORPORATION SHALL STATE WHY IT DETERMINED NOT TO GRANT SUCH SECOND
 CHANCE  TO  SUCH PERSON AND THE BURDEN OF PROOF SHALL BE ON SUCH PRIVATE
 BUSINESS ENTITY OR  CORPORATION  TO  DEMONSTRATE  WITH  SUBSTANTIVE  AND
 CONVINCING  PROOF  HOW SUCH EXTENSION OF FORGIVENESS AND A SECOND CHANCE
 WOULD BE DETRIMENTAL TO THE INTEREST OF THE PRIVATE BUSINESS  ENTITY  OR
 CORPORATION.
   §  8.  The civil rights law is amended by adding a new section 79-q to
 read as follows:
   § 79-Q. RIGHT TO A REASONABLE REVIEW OF FACTS AND A REASONABLE CONSID-
 ERATION FOR THE EXTENSION OF FORGIVENESS AND A SECOND  CHANCE.    EXCEPT
 WHERE  CONTINUATION  OF  SUCH  CONTRACT  IS PROHIBITED BY LAW UNDER SUCH
 CIRCUMSTANCES, NO GOVERNMENTAL ENTITY, PRIVATE BUSINESS ENTITY OR CORPO-
 RATION SHALL TERMINATE, CANCEL OR REFUSE TO RENEW ANY CONTRACT BASED  ON
 AN  INDIVIDUAL  BEING CONVICTED OF ONE OR MORE CRIMINAL OFFENSES WITHOUT
 SUCH INDIVIDUAL BEING GIVEN AN OPPORTUNITY TO SUBMIT AN  EXPLANATION  OF
 THE  FACTS  SURROUNDING ANY CONVICTION OR ALLEGED OFFENSE AS WELL AS ANY
 OTHER INFORMATION THE INDIVIDUAL DEEMS RELEVANT  TO  THE  CONVICTION  OR
 ALLEGED  OFFENSE  AND  PROVIDED  A  REASONABLE REVIEW OF THE FACTS AND A
 REASONABLE CONSIDERATION FOR THE EXTENSION OF FORGIVENESS AND  A  SECOND
 CHANCE.
   §  9.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

Assembly Bill A8504C

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2019-A8504 - Details

2019-A8504 - Summary

2019-A8504 - Bill Text download pdf

co-Sponsors

2019-A8504A - Details

2019-A8504A - Summary

2019-A8504A - Bill Text download pdf

co-Sponsors

2019-A8504B - Details

2019-A8504B - Summary

2019-A8504B - Bill Text download pdf

co-Sponsors

2019-A8504C (ACTIVE) - Details

2019-A8504C (ACTIVE) - Summary

2019-A8504C (ACTIVE) - Bill Text download pdf

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Assembly Bill A8504C

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Sponsored By

PERRY

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2019-A8504 - Details

2019-A8504 - Summary

2019-A8504 - Bill Text download pdf

co-Sponsors

David Weprin

2019-A8504A - Details

2019-A8504A - Summary

2019-A8504A - Bill Text download pdf

co-Sponsors

David Weprin

Felix Ortiz

Walter T. Mosley

Harvey Epstein

2019-A8504B - Details

2019-A8504B - Summary

2019-A8504B - Bill Text download pdf

co-Sponsors

David Weprin

Felix Ortiz

Walter T. Mosley

Harvey Epstein

2019-A8504C (ACTIVE) - Details

2019-A8504C (ACTIVE) - Summary

2019-A8504C (ACTIVE) - Bill Text download pdf

Comments