Senate Bill S2164

2019-2020 Legislative Session

Provides that certain entities may not require a person to provide a copy of his or her criminal history record under certain circumstances

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2019-S2164 (ACTIVE) - Details

See Assembly Version of this Bill:
A5279
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L; amd §313, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7593
2015-2016: A158
2017-2018: S8689, A1270
2021-2022: S1793, A697
2023-2024: S940, A6637

2019-S2164 (ACTIVE) - Summary

Provides that certain entities may not require a person to provide a copy of his or her criminal history record under certain circumstances.

2019-S2164 (ACTIVE) - Sponsor Memo

2019-S2164 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2164
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 and the education law, in relation  to
   prohibiting  mandatory  disclosure  of  a  criminal  history record in
   certain circumstances

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  15  of  section 296 of the executive law, as
 amended by chapter 534 of the laws  of  2008,  is  amended  to  read  as
 follows:
   15.  It  shall  be an unlawful discriminatory practice for any person,
 agency, bureau, corporation or association, including the state and  any
 political  subdivision thereof, to deny any license or employment to any
 individual by reason of his or her having been convicted of one or  more
 criminal  offenses,  or  by reason of a finding of a lack of "good moral
 character" which is based upon his or her having been convicted  of  one
 or  more  criminal  offenses,  when  such  denial is in violation of the
 provisions of article twenty-three-A of  the  correction  law.  Further,
 there  shall  be  a  rebuttable  presumption  in favor of excluding from
 evidence the prior incarceration or conviction of any person, in a  case
 alleging  that the employer has been negligent in hiring or retaining an
 applicant or employee, or supervising a hiring manager, if after  learn-
 ing  about  an applicant or employee's past criminal conviction history,
 such employer has evaluated the  factors  set  forth  in  section  seven
 hundred  fifty-two  of  the  correction law, and made a reasonable, good
 faith determination that such factors  militate  in  favor  of  hire  or
 retention  of  that  applicant  or  employee. NO PERSON, AGENCY, BUREAU,
 CORPORATION, ASSOCIATION, THE STATE OR ANY POLITICAL SUBDIVISION  THERE-
 OF, SHALL REQUIRE AN INDIVIDUAL TO PROVIDE A COPY OF HIS OR HER CRIMINAL

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00979-01-9
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.