Senate Bill S4111A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4111--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations -- recommitted to the Committee on Investigations and
   Government Operations in accordance with Senate  Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the executive law, in relation to removing the  require-
   ment to reveal certain past convictions
 
   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 2 of subpart O of part II of chapter 55 of the laws
 of 2019, 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, housing, employment, including  volunteer
 positions,  or  providing  of  credit  or  insurance to such individual;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10299-03-0

 S. 4111--A                          2
 
 provided, further, that no person shall be required to divulge  informa-
 tion  pertaining to 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 an order adjourning the criminal action in contem-
 plation of dismissal, pursuant to  section  170.55  or  170.56,  210.46,
 210.47  or 215.10 of the criminal procedure law, or by a youthful offen-
 der adjudication, as defined in subdivision one of section 720.35 of the
 criminal procedure law, or by a conviction for a violation sealed pursu-
 ant 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.  ANY INDIVIDUAL WITH A CONVICTION WHICH IS SEALED  PURSU-
 ANT  TO  SECTION 160.55, 160.58 OR 160.59 OF THE CRIMINAL PROCEDURE LAW,
 SHALL BE PERMITTED TO ANSWER IN THE NEGATIVE TO THE QUESTION  "HAVE  YOU
 EVER  BEEN CONVICTED OF A CRIME OR VIOLATION?", OR ANY QUESTION WITH THE
 SAME SUBSTANTIVE CONTENT. An individual required or requested to provide
 information in violation of this  subdivision  may  respond  as  if  the
 arrest,  criminal  accusation, or disposition of such arrest or criminal
 accusation did not occur. 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, pursuant to
 section 170.55 or 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. This act shall take effect immediately.