NY State Senate Bill 2019-S4151

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Mar 01, 2019	referred to investigations and government operations

2019-S4151 (ACTIVE) - Details

See Assembly Version of this Bill:: A6187
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L

2019-S4151 (ACTIVE) - Summary

Relates to removing the requirement to reveal certain past convictions including convictions pursuant to section 160.55, 160.58 or 160.59 of the criminal procedure law.

2019-S4151 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4151

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the executive law, in relation to
removing the requirement to reveal certain past convictions

 
PURPOSE OR GENERAL IDEA OF BILL:

Clarifies that individuals with certain sealed criminal convictions or
violations are permitted to answer in the negative if they are unlaw-
fully asked if they have ever been convicted of a crime or violation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one clarifies that individuals with sealed convictions pursuant
to sections 160.55, 160.58, or 160.59 of the criminal procedure law are
permitted to answer in the negative when asked if they have ever been
convicted of a crime or violation.

Section two is the effective date.

 
JUSTIFICATION:

In 2017, New York State enacted Executive 296 (16) to ensure individuals
who had criminal charges that were eventually terminated in their favor,
or sealed under certain provisions of the criminal procedure law, not be
the basis for discrimination in the context of licensing, employment or
in securing credit or insurance. Under current law, it is unlawful to
inquire about arrests or criminal accusations against an individual when
the criminal charges were terminated in their favor or sealed. Unfortu-
nately, confusion remains about what questions can be asked to individ-
uals who have their convictions sealed, and how they are permitted to
respond.

This bill is necessary to effectuate the intent of the 2017 laws and
clarify that individuals with sealed convictions pursuant to criminal
procedure law 160.55, 160.58 or 160.59, can answer in the negative
should they be asked if they have ever been convicted of a crime or
violation.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4151 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4151
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 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
 
 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 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 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 proce-
 dure  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  licens-
 ing,  employment or providing of credit or insurance to such individual;
 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  a youthful offender adjudication, as defined in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10299-02-9

 S. 4151                             2
 
 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.  ANY INDIVIDUAL
 WITH A CONVICTION WHICH IS SEALED PURSUANT TO SECTIONS 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. The
 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.
   § 2. This act shall take effect immediately.

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Senate Bill S4151

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2019-S4151 (ACTIVE) - Details

2019-S4151 (ACTIVE) - Summary

2019-S4151 (ACTIVE) - Sponsor Memo

2019-S4151 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4151

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Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2019-S4151 (ACTIVE) - Details

2019-S4151 (ACTIVE) - Summary

2019-S4151 (ACTIVE) - Sponsor Memo

2019-S4151 (ACTIVE) - Bill Text download pdf

Comments