Assembly Bill A7591

2021-2022 Legislative Session

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal

download bill text pdf

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Archive: Last Bill Status - On Floor Calendar

  • 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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2021-A7591 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7014
2013-2014: A4589
2015-2016: A1721
2017-2018: A4038
2019-2020: A6045
2023-2024: A7191

2021-A7591 (ACTIVE) - Summary

Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal.

2021-A7591 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7591
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2021
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Correction
 
 AN  ACT  to  amend the criminal procedure law, in relation to preventing
   employment discrimination against persons whose criminal charges  have
   been adjourned in contemplation of dismissal

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 8 of section 170.55 of the criminal  procedure
 law,  as  added  by chapter 134 of the laws of 1982 and as renumbered by
 chapter 683 of the laws of 1990, is amended to read as follows:
   8. 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  GRANTING  THE ORDER OF ADJOURNMENT, THE ACTION SHALL BE CONSIDERED
 TERMINATED IN THE DEFENDANT'S FAVOR FOR THE PURPOSE OF THE PROVISIONS OF
 SUBDIVISION SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF  THE  EXECUTIVE
 LAW.  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
 OR SHE occupied before his OR HER arrest and prosecution.
   § 2. Subdivision 4 of section 170.56 of the criminal procedure law, as
 added by chapter 1042 of the  laws  of  1971,  is  amended  to  read  as
 follows:
   4.  UPON  THE GRANTING OF AN ORDER PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION, THE ACTION SHALL BE CONSIDERED TERMINATED  IN  THE  DEFENDANT'S
 FAVOR  FOR  THE  PURPOSE  OF  THE  PROVISIONS  OF SUBDIVISION SIXTEEN OF
 SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW. Upon  the  granting
 of  an  order  pursuant to subdivision three, the arrest and prosecution
 shall be deemed a nullity  and  the  defendant  shall  be  restored,  in
 contemplation of law, to the status he OR SHE occupied before his OR HER
 arrest and prosecution.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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