Senate Bill S1278

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1278
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 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.
                                                            LBD04407-01-3
 S. 1278                             2
              

 
 upon the fact that the individual has previously been convicted  of  one
 or more criminal offenses, unless[:
   (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.