Assembly Bill A7191

2023-2024 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 - In Assembly 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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2023-A7191 (ACTIVE) - Details

Current Committee:
Assembly Correction
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
2021-2022: A7591
2025-2026: A5929

2023-A7191 (ACTIVE) - Summary

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

2023-A7191 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7191
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2023
                                ___________
 
 Introduced  by M. of A. DILAN -- 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.
                                                            LBD01078-01-3

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