Senate Bill S2196

2019-2020 Legislative Session

Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding certain licensures and employment

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2019-S2196 (ACTIVE) - Details

See Assembly Version of this Bill:
A7937
Current Committee:
Senate Rules
Law Section:
Correction Law
Laws Affected:
Amd §§750 & 752, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4368, A8065
2011-2012: S969, A5357
2013-2014: S3357, A4887
2015-2016: S2096, A2734
2017-2018: S3351, A2144
2021-2022: S3361, A5213
2023-2024: S1278, A1923

2019-S2196 (ACTIVE) - Summary

Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.

2019-S2196 (ACTIVE) - Sponsor Memo

2019-S2196 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2196
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced by Sens. BAILEY, SEPULVEDA -- read twice and ordered printed,
   and  when  printed  to be committed to the Committee on Crime Victims,
   Crime and Correction
 
 AN ACT to amend the correction law, in relation  to  the  definition  of
   "direct  relationship"  for  the  purposes  of  article  23-A  of  the
   correction law regarding  the  licensure  and  employment  of  persons
   previously convicted of one or more criminal offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 750  of  the  correction  law,  as
 amended  by  chapter  284  of  the  laws  of 2007, is amended to read as
 follows:
   (3) "Direct relationship" means that THERE IS A SUBSTANTIAL CONNECTION
 BETWEEN the nature of [criminal conduct] THE CRIME for which the  person
 was convicted [has a direct bearing on his fitness or ability to perform
 one  or  more of] AND the duties or responsibilities necessarily related
 to the license, opportunity, or job  in  question  AND  SUCH  CONNECTION
 WOULD  CREATE  AN  UNREASONABLE  RISK  TO  PROPERTY  OR TO THE SAFETY OR
 WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC UPON THE  ISSUANCE
 OR  CONTINUATION OF A LICENSE OR THE GRANTING OR CONTINUATION OF EMPLOY-
 MENT OF SUCH PERSON.
   § 2.  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 individ-
 ual, to which the provisions of this article are  applicable,  shall  be
 denied or acted upon adversely by reason of the individual's 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05420-01-9
              

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