Assembly Bill A7058

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7058
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, VANEL, BARRON -- read once and
   referred to the Committee on Governmental Operations
 
 AN  ACT  to  amend  the administrative code of the city of New York, the
   correction law, the criminal procedure law, the executive law and  the
   social  services  law, in relation to prohibiting discrimination based
   on a person's arrest record or criminal conviction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as "The New York
 State Fair Chance Act".
   § 2. Subdivisions 10 and 11 of section  8-107  of  the  administrative
 code  of  the  city of New York, as amended by local law number 4 of the
 city of New  York for the year 2021, are amended to read as follows:
   10. Employment actions based on pending arrests and  criminal  accusa-
 tions,  and  criminal  convictions preceding and during employment.  (a)
 Actions prohibited by state law concerning criminal convictions  preced-
 ing  employment. It shall be an unlawful discriminatory practice for any
 employer, employment agency or agent thereof to deny employment  to  any
 person  or  take  adverse  action against any employee by reason of such
 person or employee  having  been  convicted  of  one  or  more  criminal
 offenses,  or  by reason of finding the person lacks "good moral charac-
 ter" based on:
   (I) such person or employee having been convicted of one or more crim-
 inal offenses, when such denial or adverse action is in violation of the
 provisions of  article  [23-A]  TWENTY-THREE-A  of  the  correction  law
 REGARDLESS   OF   WHEN  SUCH  CONVICTION  OCCURRED,  INCLUDING  IF  SUCH
 CONVICTION OCCURRED WHILE SUCH PERSON WAS EMPLOYED AT THE JOB AT  ISSUE;
 OR
   (II)  SUCH PERSON OR EMPLOYEE HAVING A FINAL JUDGMENT OF GUILT ENTERED
 FOR A FELONY MORE THAN TEN YEARS AGO AND A MISDEMEANOR  MORE  THAN  FIVE
 YEARS  AGO.  THESE PERIODS OF TIME SHALL BE MEASURED FROM THE DATE JUDG-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06321-02-1

 A. 7058                             2
 
 MENT WAS ENTERED OR THE RELEASE FROM INCARCERATION,  WHICHEVER  DATE  IS
 LATER,  UNTIL  THE DATE OF THE ADVERSE ACTION IN QUESTION. CRIMINAL ACTS
 COMMITTED OUTSIDE THE STATE SHALL BE CLASSIFIED AS FELONIES OR MISDEMEA-
 NORS COMMITTED WITHIN THE STATE BASED ON THE MAXIMUM SENTENCE THAT COULD
 HAVE  BEEN  IMPOSED  FOR  SUCH CONVICTION UNDER THE LAWS OF SUCH FOREIGN
 JURISDICTION.
   (b) Criminal convictions during employment. It shall  be  an  unlawful
 discriminatory  practice  for  any  employer, employment agency or agent
 thereof to take adverse action against any employee by  reason  of  such
 person  having  been  convicted  during  their employment of one or more
 criminal offenses, or by reason of finding the person lacks "good  moral
 character"  based  on  such  person  having  been convicted during their
 employment of one or more criminal offenses, unless,  after  considering
 the relevant fair chance factors, the employer determines that either:
   (i) there is a direct relationship between the criminal conviction and
 the employment held by the person; or
   (ii)  the continuation of the employment would involve an unreasonable
 risk to property, or to the safety or welfare of specific individuals or
 the general public.
   (c) Pending arrests and  criminal  accusations  preceding  and  during
 employment.  It  shall  be  an  unlawful discriminatory practice for any
 employer, employment agency or agent  thereof  to  take  adverse  action
 against any applicant or employee based on an arrest or criminal accusa-
 tion  that  is  pending,  or by reason of finding the person lacks "good
 moral character" based on such a pending arrest or criminal  accusation,
 unless, after considering the relevant fair chance factors, the employer
 determines that either:
   (i) there is a direct relationship between the alleged wrongdoing that
 is  the  subject  of  the  pending arrest or criminal accusation and the
 employment sought or held by the person; or
   (ii) 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.
   (d) For purposes of paragraphs (b) and (c) OF THIS SECTION, placing an
 employee on unpaid leave for a reasonable time while the employer  takes
 the  steps  described in such paragraphs and subdivision [11-a] ELEVEN-A
 of this section shall not be deemed to be an adverse action.
   (e) For  purposes  of  this  subdivision,  an  action  that  has  been
 adjourned  in contemplation of dismissal shall not be considered a pend-
 ing action unless the order to adjourn in contemplation of dismissal  is
 revoked  and  the  case  is  restored to the calendar for further prose-
 cution.
   (f) Paragraphs (b) and (c) of this subdivision shall not apply  to  an
 applicant for employment or a current employee employed:
   (i)  as  a police officer or peace officer, as those terms are defined
 in subdivisions [33 and 34] THIRTY-THREE AND THIRTY-FOUR of section 1.20
 of the criminal procedure law, respectively[,]; or
   (ii) at a law enforcement agency as  that  term  is  used  in  article
 [23-A] TWENTY-THREE-A of the correction law.
   (g)  Nothing  in  this  section  shall prevent an employer from taking
 adverse action against an applicant or employee who  is  found  to  have
 made intentional misrepresentations regarding their arrest or conviction
 history,  provided that such adverse action is not based on a failure to
 divulge information that a person may not be  required  to  divulge,  as
 provided  in subdivision [16] SIXTEEN of section [296 of article 15] TWO
 HUNDRED NINETY-SIX of the executive law and in subdivision  [11]  ELEVEN

 A. 7058                             3
 
 of  this  section,  and  provided further that the employer provides the
 applicant or employee with a copy of the documents that formed the basis
 of the determination that an intentional misrepresentation was made  and
 gives the person a reasonable time to respond.
   (h)  Paragraphs  (b)  and  (c)  OF THIS SUBDIVISION shall not apply to
 public agencies taking adverse action against an employee based  upon  a
 pending  arrest  or  criminal  accusation  that preceded or arose during
 employment, or convictions that occurred during  employment,  where  the
 employee  is  entitled to a disciplinary process as set forth in section
 [75] SEVENTY-FIVE of the civil service law, or where the  public  agency
 follows  a disciplinary process set forth in agency rules or as required
 by law.
   (i) The provisions of this subdivision shall not apply where a  manda-
 tory  forfeiture,  disability or bar to employment is imposed by law and
 has not been removed by an executive pardon, certificate of relief  from
 disabilities or certificate of good conduct.
   (j)  The  provisions  of this subdivision shall be enforceable against
 public agencies by a proceeding brought pursuant to article [78]  SEVEN-
 TY-EIGHT of the civil practice law and rules, and the provisions of this
 subdivision  shall be enforceable against other employers by the commis-
 sion through the administrative procedure provided for in  this  chapter
 or as provided in chapter [5] FIVE of this title.
   11.  Non-pending arrests and criminal accusations, and dispositions of
 charges that an employer may not consider. (a) Non-pending  arrests  and
 criminal accusations; adjournments in contemplation of dismissal; youth-
 ful  offender  adjudications;  convictions  sealed  pursuant  to certain
 sections of the criminal procedure law. It shall be an unlawful  discri-
 minatory  practice,  unless  specifically  required  or permitted by any
 other law, for any person to make any inquiry in  writing  or  otherwise
 about,  or  deny  employment to, any applicant or act adversely upon any
 employee by reason of an arrest of or criminal accusation  against  such
 applicant  or employee when such inquiry, denial or adverse action is in
 violation of subdivision [16] SIXTEEN of section [296 of article 15] TWO
 HUNDRED NINETY-SIX of the executive law.
   (b) Violations and non-criminal offenses that have  not  been  sealed.
 (1)  It  shall  be an unlawful discriminatory practice for any employer,
 employment agency or agent thereof to make any inquiry,  AS  DEFINED  IN
 SUBDIVISION  TEN OF THIS SECTION, in writing or otherwise about, or deny
 employment to any person or take adverse action  against  any  employee,
 based on the applicant or employee having:
   (i)  been  convicted of a violation as defined in section 10.00 of the
 penal law; or
   (ii) been convicted of a non-criminal offense, as defined by a law  of
 another state.
   (2)  It shall be an unlawful discriminatory practice for any employer,
 employment agency or agent thereof to make any  inquiry  in  writing  or
 otherwise about, or deny employment to any person or take adverse action
 against  any employee based on an arrest or criminal accusation that was
 followed by an order or conviction described in subparagraph  [(1)]  ONE
 of this paragraph.
   (3)  The  provisions of this paragraph shall not apply to an applicant
 for employment or a current employee employed:
   (i) as a police officer or peace officer, as those terms  are  defined
 in subdivisions [33 and 34] THIRTY-THREE AND THIRTY-FOUR of section 1.20
 of the criminal procedure law, respectively[,]; or

 A. 7058                             4
 
   (ii)  at  a  law  enforcement  agency  as that term is used in article
 [23-A] TWENTY-THREE-A of the correction law.
   (4) The provisions of this paragraph shall not apply where a mandatory
 forfeiture,  disability  or  bar to employment is imposed by law and has
 not been removed by an executive  pardon,  certificate  of  relief  from
 disabilities or certificate of good conduct.
   (5)  The  provisions  of  THIS  paragraph  [(b)]  shall be enforceable
 against public agencies by a proceeding brought pursuant to article [78]
 SEVENTY-EIGHT of the civil practice law and rules, and the provisions of
 this subdivision shall be enforceable against  other  employers  by  the
 commission  through  the  administrative  procedure provided for in this
 chapter or as provided in chapter [5] FIVE of this title.
   § 3. Subparagraph 5 of paragraph (b) and paragraph (f) of  subdivision
 11-a  of  section  8-107  of  the administrative code of the city of New
 York, as amended by local law number 4 of the city of New York  for  the
 year  2021,  are  amended  and  a  new paragraph (i) is added to read as
 follows:
   (5) After giving the applicant the inquiry and  analysis  in  writing,
 allows  the  applicant  a  reasonable time to respond, which shall be no
 less than [five] SEVEN business days and during  this  time,  holds  the
 position open for the applicant.
   (f)  An  applicant  shall not be required to respond to any inquiry or
 statement that violates  paragraph  (a)  of  this  subdivision  and  any
 refusal  to respond to such inquiry or statement shall not disqualify an
 applicant from the prospective position.    NOTHING  IN  THIS  PARAGRAPH
 SHALL  PROHIBIT  AN  APPLICANT  FROM  VOLUNTARILY DISCLOSING INFORMATION
 PERTAINING TO HIS OR HER CRIMINAL HISTORY.
   (I) A PERSON WHO IS REQUIRED TO PERFORM A  CRIMINAL  BACKGROUND  CHECK
 PURSUANT  TO  FEDERAL,  STATE OR LOCAL LAW MAY INFORM THE APPLICANT THAT
 THE PROSPECTIVE LICENSE, PERMIT, OR EMPLOYMENT IS  SUBJECT  TO  A  BACK-
 GROUND  CHECK  AND  THAT THE PERSON IS PROHIBITED BY LAW FROM LICENSING,
 PERMITTING, OR EMPLOYING INDIVIDUALS WITH CERTAIN CRIMINAL  CONVICTIONS,
 THOUGH  SUCH  PROHIBITION  MAY BE LIFTED BY A CERTIFICATE OF RELIEF FROM
 DISABILITIES OR CERTIFICATE OF GOOD CONDUCT UNDER  ARTICLE  TWENTY-THREE
 OF THE CORRECTION LAW.
   §  4. Section 8-102 of the administrative code of the city of New York
 is amended by adding a new definition in alphabetical order to  read  as
 follows:
   CRIMINAL  OFFENSE.  THE  TERM  "CRIMINAL OFFENSE" MEANS ANY OFFENSE AS
 DEFINED IN SECTION 55.10 OF THE PENAL LAW.
   § 5. Subdivisions 2 and 5 of section 750 of  the  correction  law,  as
 added by chapter 931 of the laws of 1976, are amended and a new subdivi-
 sion 6 is added to read as follows:
   (2)  "Private  employer" means any person, company, corporation, labor
 organization or association which employs [ten] FOUR or more persons.
   (5) "Employment" means any occupation, vocation or employment, or  any
 form  of  vocational  or  educational  training. Provided, however, that
 "employment" shall not,  for  the  purposes  of  this  article,  include
 [membership  in any law enforcement agency] EMPLOYMENT AS A POLICE OFFI-
 CER OR A PEACE OFFICER AS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCE-
 DURE LAW.
   (6) "CRIMINAL OFFENSE" MEANS ANY OFFENSE AS DEFINED IN  SECTION  55.10
 OF THE PENAL LAW.
   §  6.  Section 751 of the correction law, as amended by chapter 284 of
 the laws of 2007, is amended to read as follows:

 A. 7058                             5
 
   § 751. Applicability. The provisions of this article  shall  apply  to
 any  application by any person for a license or employment at any public
 or private employer, who IS CURRENTLY CHARGED WITH OR WHO has previously
 been convicted of one or more criminal offenses in this state or in  any
 other  jurisdiction, and to any license or employment held by any person
 whose PENDING ARREST FOR OR conviction of one or more criminal  offenses
 in  this  state or in any other jurisdiction preceded such employment or
 granting of a license, AND TO ANY LICENSE  OR  EMPLOYMENT  HELD  BY  ANY
 PERSON  WHOSE  PENDING  ARREST FOR OR CONVICTION OF ONE OR MORE CRIMINAL
 OFFENSES IN THIS STATE OR IN ANY OTHER JURISDICTION OCCURRED DURING  THE
 PERIOD  OF  SUCH  EMPLOYMENT  OR  GRANTING  OF A LICENSE, except where a
 mandatory forfeiture, disability or bar to employment is imposed by law,
 and has not been removed by an executive pardon, certificate  of  relief
 from  disabilities or certificate of good conduct. Nothing in this arti-
 cle shall be construed to affect any right an  employer  may  have  with
 respect to an intentional misrepresentation in connection with an appli-
 cation  for employment made by a prospective employee or previously made
 by a current employee.
   § 7. 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] CHARGED WITH
 OR convicted of one or more criminal offenses prohibited. No application
 for  any  license or employment, and no employment or license held by an
 individual, to which the provisions  of  this  article  are  applicable,
 shall  be  denied  or acted upon adversely by reason of the individual's
 HAVING BEEN CHARGED WITH ONE OR MORE OFFENSES OR having been  [previous-
 ly]  convicted of one or more criminal offenses, or by reason of a find-
 ing of lack of "good moral character" when such finding  is  based  upon
 the  fact  that  the  individual  has  [previously] been CHARGED WITH OR
 convicted of one or more criminal offenses, unless:
   (1) there is a direct relationship between one or more of the  [previ-
 ous]  criminal offenses and the specific license or employment sought or
 held by the individual; [or] AND
   (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.
   §  8.  The  article  heading of article 23-A of the correction law, as
 added by chapter 931 of the laws of 1976, is amended to read as follows:

             LICENSURE AND EMPLOYMENT OF PERSONS [PREVIOUSLY]
                CONVICTED OF ONE OR MORE CRIMINAL OFFENSES
 
   § 9. The section heading and subdivision  1  of  section  753  of  the
 correction  law,  as added by chapter 931 of the laws of 1976, paragraph
 (b) of subdivision 1 as amended by chapter 284 of the laws of 2007,  are
 amended to read as follows:
   Factors  to  be  considered concerning a [previous] criminal CHARGE OR
 conviction; presumption.  1.  In  making  a  determination  pursuant  to
 section  seven  hundred  fifty-two of this chapter, the public agency or
 private employer shall consider the following factors:
   (a) The public policy of this state, as  expressed  in  this  act,  to
 encourage  the  licensure and employment of persons [previously] CHARGED
 WITH OR convicted of one or more criminal offenses.
   (b) The specific duties and responsibilities  necessarily  related  to
 the license or employment sought or held by the person.

 A. 7058                             6
 
   (c)  The  bearing,  if any, the criminal offense or offenses for which
 the person was [previously] CHARGED WITH OR convicted will have  on  his
 fitness  or  ability  to perform one or more such duties or responsibil-
 ities.
   (d)  The  time  which has elapsed since the occurrence of the criminal
 offense or offenses.
   (e) The age of the person at the time of occurrence  of  the  criminal
 offense or offenses.
   (f) The seriousness of the offense or offenses.
   (g) Any information produced by the person, or produced on his behalf,
 in regard to his rehabilitation and good conduct.
   (h)  The  legitimate interest of the public agency or private employer
 in protecting property, and the safety and welfare of specific  individ-
 uals or the general public.
   §  10.  Section  753  of the correction law is amended by adding a new
 subdivision 3 to read as follows:
   3. A PRESUMPTION OF REHABILITATION IN REGARD TO AN OFFENSE OR OFFENSES
 PREVIOUSLY COMMITTED SHALL EXIST:
   (A) WITH REGARD TO ONE OR MORE PREVIOUS FELONY CONVICTIONS,  WHEN  THE
 PERSON  SO  CONVICTED HAS NOT BEEN CONVICTED OF ANY ADDITIONAL CRIMES IN
 THE TEN YEARS FOLLOWING ENTRY OF JUDGMENT OR RELEASE FROM JAIL OR  PRIS-
 ON, WHICHEVER DATE IS LATEST; AND
   (B)  WITH REGARD TO ONE OR MORE PREVIOUS MISDEMEANOR CONVICTIONS, WHEN
 THE PERSON SO CONVICTED HAS NOT BEEN CONVICTED OF ANY ADDITIONAL  CRIMES
 IN  THE  FIVE  YEARS FOLLOWING ENTRY OF JUDGMENT OR RELEASE FROM JAIL OR
 PRISON, WHICHEVER DATE IS LATEST.
   § 11. Section 754 of the correction law, as added by  chapter  931  of
 the laws of 1976, is amended to read as follows:
   §  754.  Written statement upon denial of license or employment OR HAS
 BEEN SUBJECT TO ADVERSE EMPLOYMENT ACTION.  At the request of any person
 [previously] CHARGED WITH OR convicted of one or more criminal  offenses
 who  has been denied a license or employment, a public agency or private
 employer shall provide, within thirty  days  of  a  request,  a  written
 statement  setting  forth the reasons for such denial OR ADVERSE EMPLOY-
 MENT ACTION.
   § 12. The correction law is amended by adding a  new  section  755  to
 read as follows:
   §  755. ARREST AND CONVICTION RECORDS; EMPLOYER INQUIRIES. 1. IT SHALL
 BE AN UNLAWFUL DISCRIMINATORY  PRACTICE  FOR  ANY  EMPLOYER,  EMPLOYMENT
 AGENCY OR AGENT THEREOF TO:
   (A)  DECLARE,  PRINT  OR CIRCULATE OR CAUSE TO BE DECLARED, PRINTED OR
 CIRCULATED  ANY  SOLICITATION,  ADVERTISEMENT  OR   PUBLICATION,   WHICH
 EXPRESSES,  DIRECTLY  OR INDIRECTLY, ANY LIMITATION, OR SPECIFICATION IN
 EMPLOYMENT BASED ON A PERSON'S ARREST OR CRIMINAL CONVICTION; OR
   (B) MAKE ANY INQUIRY OR STATEMENT RELATED TO  THE  PENDING  ARREST  OR
 CRIMINAL CONVICTION RECORD OF ANY PERSON WHO IS IN THE PROCESS OF APPLY-
 ING  FOR EMPLOYMENT WITH SUCH EMPLOYER OR AGENT THEREOF UNTIL AFTER SUCH
 EMPLOYER OR AGENT THEREOF HAS EXTENDED A CONDITIONAL OFFER OF EMPLOYMENT
 TO THE APPLICANT.
   (C) FOR PURPOSES OF THIS SECTION:
   (1) WITH RESPECT TO AN APPLICANT FOR TEMPORARY EMPLOYMENT AT A  TEMPO-
 RARY  HELP  FIRM  AS SUCH TERM IS DEFINED BY SUBDIVISION FIVE OF SECTION
 NINE HUNDRED SIXTEEN OF THE LABOR LAW, AN OFFER  TO  BE  PLACED  IN  THE
 TEMPORARY  HELP  FIRM'S GENERAL CANDIDATE POOL SHALL CONSTITUTE A CONDI-
 TIONAL OFFER OF EMPLOYMENT;

 A. 7058                             7
 
   (2) "ANY INQUIRY" MEANS ANY QUESTION COMMUNICATED TO AN  APPLICANT  IN
 WRITING  OR  OTHERWISE, OR ANY SEARCHES OF PUBLICLY AVAILABLE RECORDS OR
 CONSUMER REPORTS THAT ARE CONDUCTED FOR  THE  PURPOSE  OF  OBTAINING  AN
 APPLICANT'S CRIMINAL BACKGROUND INFORMATION; AND
   (3)  "ANY  STATEMENT"  MEANS  A  STATEMENT  COMMUNICATED IN WRITING OR
 OTHERWISE TO THE APPLICANT FOR  PURPOSES  OF  OBTAINING  AN  APPLICANT'S
 CRIMINAL  BACKGROUND INFORMATION REGARDING: (I) AN ARREST RECORD; (II) A
 CONVICTION RECORD; OR (III) A CRIMINAL BACKGROUND CHECK.
   2. AFTER EXTENDING AN APPLICANT A CONDITIONAL OFFER OF EMPLOYMENT,  AN
 EMPLOYER,  EMPLOYMENT  AGENCY  OR  AGENT  THEREOF  MAY INQUIRE ABOUT THE
 APPLICANT'S ARREST OR CONVICTION RECORD IF  BEFORE  TAKING  ANY  ADVERSE
 EMPLOYMENT ACTION BASED ON SUCH INQUIRY, THE EMPLOYER, EMPLOYMENT AGENCY
 OR AGENT THEREOF:
   (A)  PROVIDES  A  WRITTEN  COPY  OF  THE INQUIRY TO THE APPLICANT IN A
 MANNER TO BE DETERMINED BY THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES,
 AND  ADVISES  THE  APPLICANT  THAT  HE  OR  SHE MAY SUBMIT ANY AVAILABLE
 EVIDENCE OF REHABILITATION OR GOOD CONDUCT SINCE THE  OFFENSE  IN  QUES-
 TION,  WHICH  SHALL  BE  CONSIDERED IN THE ANALYSIS PERFORMED UNDER THIS
 ARTICLE;
   (B) PERFORMS AN ANALYSIS OF  THE  APPLICANT  UNDER  THIS  ARTICLE  AND
 PROVIDES A WRITTEN COPY OF SUCH ANALYSIS TO THE APPLICANT IN A MANNER TO
 BE  DETERMINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND ADVISES
 THE APPLICANT THAT HE OR SHE MAY SUBMIT ANY AVAILABLE EVIDENCE OF  REHA-
 BILITATION OR GOOD CONDUCT SINCE THE OFFENSE IN QUESTION, WHICH SHALL BE
 CONSIDERED  IN  THE  ANALYSIS  PERFORMED UNDER THIS ARTICLE, WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO SUPPORTING DOCUMENTS THAT FORMED THE BASIS
 FOR AN ADVERSE ACTION BASED ON  SUCH  ANALYSIS  AND  THE  EMPLOYER'S  OR
 EMPLOYMENT  AGENCY'S  REASONS FOR TAKING ANY ADVERSE ACTION AGAINST SUCH
 APPLICANT; AND
   (C) AFTER GIVING THE APPLICANT THE INQUIRY  AND  ANALYSIS  IN  WRITING
 PURSUANT  TO  PARAGRAPHS  (A)  AND  (B)  OF THIS SUBDIVISION, ALLOWS THE
 APPLICANT A REASONABLE TIME TO RESPOND, WHICH  SHALL  BE  NO  LESS  THAN
 SEVEN  BUSINESS  DAYS  AND DURING THIS TIME, HOLDS THE POSITION OPEN FOR
 THE APPLICANT.
   3. NOTHING IN THIS SECTION SHALL PREVENT AN EMPLOYER, EMPLOYMENT AGEN-
 CY OR AGENT THEREOF FROM TAKING ADVERSE ACTION AGAINST ANY  EMPLOYEE  OR
 DENYING EMPLOYMENT TO ANY APPLICANT FOR REASONS OTHER THAN SUCH EMPLOYEE
 OR APPLICANT'S ARREST OR CRIMINAL CONVICTION RECORD.
   4.  AN  APPLICANT  SHALL  NOT BE REQUIRED TO RESPOND TO ANY INQUIRY OR
 STATEMENT THAT VIOLATES SUBDIVISION ONE OF THIS SECTION AND ANY  REFUSAL
 TO  RESPOND TO SUCH INQUIRY OR STATEMENT OR ANY RESPONSE IN THE NEGATIVE
 TO SUCH INQUIRY SHALL NOT DISQUALIFY AN APPLICANT FROM  THE  PROSPECTIVE
 EMPLOYMENT.
   5. THIS SECTION SHALL NOT APPLY TO ANY ACTIONS TAKEN BY AN EMPLOYER OR
 AGENT  THEREOF THAT ARE REQUIRED PURSUANT TO ANY STATE, FEDERAL OR LOCAL
 LAW THAT REQUIRES CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT PURPOSES  OR
 BARS  EMPLOYMENT  BASED  ON CRIMINAL HISTORY. FOR PURPOSES OF THIS PARA-
 GRAPH FEDERAL LAW SHALL INCLUDE RULES OR REGULATIONS  PROMULGATED  BY  A
 SELF-REGULATORY ORGANIZATION AS DEFINED IN SECTION 3(A)(26) OF THE SECU-
 RITIES  EXCHANGE  ACT  OF 1934, AS AMENDED.  A PERSON WHO IS REQUIRED TO
 PERFORM A CRIMINAL BACKGROUND CHECK PURSUANT TO FEDERAL, STATE OR  LOCAL
 LAW  MAY  INFORM  THE APPLICANT THAT THE PROSPECTIVE LICENSE, PERMIT, OR
 EMPLOYMENT IS SUBJECT TO A BACKGROUND  CHECK  AND  THAT  THE  PERSON  IS
 PROHIBITED  BY  LAW FROM LICENSING, PERMITTING, OR EMPLOYING INDIVIDUALS
 WITH CERTAIN CRIMINAL CONVICTIONS, THOUGH SUCH PROHIBITION MAY BE LIFTED

 A. 7058                             8

 BY A CERTIFICATE OF RELIEF FROM  DISABILITIES  OR  CERTIFICATE  OF  GOOD
 CONDUCT UNDER ARTICLE TWENTY-THREE OF THIS CHAPTER.
   6. THIS SECTION SHALL NOT APPLY TO ANY ACTIONS TAKEN BY AN EMPLOYER OR
 AGENT THEREOF WITH REGARD TO AN APPLICANT FOR EMPLOYMENT:
   (A)  AS  A POLICE OFFICER OR PEACE OFFICER, AS DEFINED IN SUBDIVISIONS
 THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20 OF THE  CRIMINAL  PROCEDURE
 LAW; OR
   (B)  IN  A  POSITION  THAT INVOLVES LAW ENFORCEMENT, IS SUSCEPTIBLE TO
 BRIBERY OR OTHER CORRUPTION, AS DETERMINED BY THE STATE POLICE OR  OTHER
 AGENCY SELECTED BY THE GOVERNOR, OR ENTAILS THE PROVISION OF SERVICES TO
 OR SAFEGUARDING OF PERSONS WHO, BECAUSE OF AGE, DISABILITY, INFIRMITY OR
 OTHER  CONDITION,  ARE VULNERABLE TO ABUSE, AS DETERMINED BY THE JUSTICE
 CENTER FOR PERSONS WITH SPECIAL NEEDS OR OTHER AGENCY  SELECTED  BY  THE
 GOVERNOR.  IF AN EMPLOYER TAKES ADVERSE ACTION AGAINST ANY APPLICANT FOR
 SUCH  POSITION  BASED  ON  THE APPLICANT'S ARREST OR CRIMINAL CONVICTION
 RECORD, IT SHALL STILL PROVIDE A WRITTEN COPY OF SUCH ANALYSIS PERFORMED
 UNDER THIS ARTICLE TO THE APPLICANT IN A FORM AND MANNER  TO  BE  DETER-
 MINED BY THE DIVISION.
   7.  THE PROVISIONS OF THIS SECTION SHALL BE ENFORCEABLE AGAINST PUBLIC
 AGENCIES AND AGAINST PRIVATE EMPLOYERS BY A PROCEEDING BROUGHT  PURSUANT
 TO  ARTICLE  FIFTEEN OF THE EXECUTIVE LAW. FOR PURPOSES OF THIS SUBDIVI-
 SION ONLY, THE TERMS "PUBLIC AGENCY" AND "PRIVATE EMPLOYER"  SHALL  HAVE
 THE  MEANING  GIVEN  SUCH  TERMS  IN SECTION SEVEN HUNDRED FIFTY OF THIS
 ARTICLE.
   § 13. Section 755 of the correction law, as added by  chapter  931  of
 the laws of 1976, is renumbered 756 and amended to read as follows:
   § 756. Enforcement. [1. In relation to actions by public agencies, the
 provisions  of this article shall be enforceable by a proceeding brought
 pursuant to article seventy-eight of the civil practice law and rules.
   2. In relation to actions by private employers, the] THE provisions of
 this article shall be enforceable by the division of human rights pursu-
 ant to the powers and procedures set forth in  article  fifteen  of  the
 executive  law,  and,  concurrently,  by the New York city commission on
 human rights.
   § 14. Subdivision 8 of section 170.55 of the criminal  procedure  law,
 as  added  by  chapter 134 of the laws of 1982 and renumbered by chapter
 683 of the laws of 1990, is amended to read as follows:
   8. (A) The granting of an adjournment in  contemplation  of  dismissal
 shall  not  be  deemed  to  be a conviction or an admission of guilt. No
 person shall suffer any disability or forfeiture as a result of such  an
 order.  Upon the dismissal of the accusatory instrument pursuant to this
 section,  the  arrest  and prosecution shall be deemed a nullity and the
 defendant shall be restored, in contemplation of law, to the  status  he
 occupied before his arrest and prosecution.
   (B)  FOR  PURPOSES  OF  EMPLOYMENT  AND  LICENSING, THE GRANTING OF AN
 ADJOURNMENT IN CONTEMPLATION OF DISMISSAL SHALL BE CONSIDERED  A  TERMI-
 NATION  OF THE MATTER IN THE DEFENDANT'S FAVOR AND NO ADVERSE EMPLOYMENT
 ACTION MAY BE BASED ON A CASE THAT HAS BEEN ADJOURNED  IN  CONTEMPLATION
 OF DISMISSAL.
   §  15.  Section  170.56  of  the  criminal procedure law is amended by
 adding a new subdivision 5 to read as follows:
   5. FOR PURPOSES OF  EMPLOYMENT  AND  LICENSING,  THE  GRANTING  OF  AN
 ADJOURNMENT  IN  CONTEMPLATION OF DISMISSAL SHALL BE CONSIDERED A TERMI-
 NATION OF THE MATTER IN THE DEFENDANT'S FAVOR AND NO ADVERSE  EMPLOYMENT
 ACTION  MAY  BE BASED ON A CASE THAT HAS BEEN ADJOURNED IN CONTEMPLATION
 OF DISMISSAL.

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   § 16. 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, OR BY
 THE GRANTING OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL PURSUANT TO
 ARTICLE ONE HUNDRED SEVENTY OF THE  CRIMINAL  PROCEDURE  LAW;  provided,
 further,  that  no  person  shall  be  required  to  divulge information
 pertaining to 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  or  170.56,  210.46,  210.47  or
 215.10  of the criminal procedure law, or by a youthful offender adjudi-
 cation, 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,  OR BY THE GRANTING OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL
 PURSUANT TO ARTICLE ONE HUNDRED SEVENTY OF THE CRIMINAL  PROCEDURE  LAW.
 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  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.  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

 A. 7058                            10
 
 considered a pending action, unless the  order  to  adjourn  in  contem-
 plation of dismissal is revoked and the case is restored to the calendar
 for further prosecution, OR BY THE GRANTING OF AN ADJOURNMENT IN CONTEM-
 PLATION  OF  DISMISSAL  PURSUANT  TO  ARTICLE ONE HUNDRED SEVENTY OF THE
 CRIMINAL PROCEDURE LAW.
   (b) Any person subjected to an inquiry concerning any arrest or crimi-
 nal accusation in violation of the provisions of this section  shall  be
 entitled  to  respond  in  the  negative  to such question if responding
 otherwise would require disclosures relating to a  case  that  has  been
 sealed or otherwise terminated in favor of the person, and such negative
 response,  even  if  technically  false,  may not be used as a basis for
 adverse employment action.
   § 17. Subdivision 7 of section 390-e of the social  services  law,  as
 added by chapter 459 of the laws of 2006, is amended to read as follows:
   7.  Upon  the  request  of  any  person  [previously]  CHARGED WITH OR
 convicted of one or more criminal offenses who has been  denied  employ-
 ment  pursuant to subdivision six of this section, the mentoring program
 shall provide, within thirty days of such request, a  written  statement
 setting  forth  the  reasons  for  such  denial.  Any such person denied
 employment pursuant to subdivision six of this section shall be afforded
 the opportunities for enforcement available pursuant  to  section  seven
 hundred [fifty-five] FIFTY-SIX of the correction law.
   §  18.  This act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that if local law number 4 of  the
 city  of  New York for the year 2021 shall not have taken effect by such
 date, the amendments to subdivisions 10, 11 and 11-a of section 8-107 of
 the administrative code of the city of New York made by sections two and
 three of this act shall take effect on the same date  and  in  the  same
 manner  as  local law number 4 of the city of New York for the year 2021
 takes effect.   Effective immediately  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such date.