S T A T E O F N E W Y O R K
________________________________________________________________________
5213
2021-2022 Regular Sessions
I N A S S E M B L Y
February 12, 2021
___________
Introduced by M. of A. WALKER -- read once and referred to the Committee
on 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
upon the fact that the individual has previously been convicted of one
or more criminal offenses, unless[:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07077-01-1
A. 5213 2
(1)] there is a direct relationship, AS SUCH TERM IS DEFINED IN SUBDI-
VISION THREE OF SECTION SEVEN HUNDRED FIFTY OF THIS ARTICLE, 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].
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.