Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 19, 2024 |
referred to codes delivered to assembly passed senate |
Feb 07, 2024 |
advanced to third reading |
Feb 06, 2024 |
2nd report cal. |
Feb 05, 2024 |
1st report cal.348 |
Jan 03, 2024 |
referred to codes returned to senate died in assembly |
May 31, 2023 |
referred to codes delivered to assembly passed senate |
May 24, 2023 |
advanced to third reading |
May 23, 2023 |
2nd report cal. |
May 22, 2023 |
1st report cal.1132 |
Jan 04, 2023 |
referred to codes |
Senate Bill S258
2023-2024 Legislative Session
Prohibits the division of criminal justice services from disclosing pending adjournment in contemplation of dismissals on civil records of arrests and prosecutions
download bill text pdfSponsored By
(D, WF) 29th Senate District
Current Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 19, 2024
aye (42)- Addabbo Jr.
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (20)excused (1)The following Member(s) participated via videoconferencing: Murray
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Floor Vote: May 31, 2023
aye (40)- Addabbo Jr.
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (18)
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Feb 5, 2024 - Codes Committee Vote
S2589Aye4Nay0Aye with Reservations0Absent0Excused0AbstainedJan 29, 2024 - Codes Committee Vote
S2589Aye4Nay0Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(D) 14th Senate District
2023-S258 (ACTIVE) - Details
2023-S258 (ACTIVE) - Sponsor Memo
BILL NUMBER: S258 SPONSOR: SERRANO TITLE OF BILL: An act to amend the executive law, in relation to prohibiting the divi- sion of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal on civil records of arrests and prosecutions PURPOSE OR GENERAL IDEA OF BILL: To Create Consistency Between Statutes Relating to Employment Discrimi- nation and Ensure that New Yorkers Have the Opportunity To Work and Support Their Families SUMMARY OF PROVISIONS: Section 1: Amends Section 845-d of the executive law Section 2: - Sets effective date.
JUSTIFICATION: As part of the FY2020 budget, the New York State Human Rights Law was amended to prohibit employers and licensing agencies from inquiring about or discriminating on the basis of criminal cases adjourned in contemplation of dismissal (ACD'd). See N.Y. Exec. Law § 296(16). The enacted amendment aimed to ensure that New Yorkers would not be fired or denied employment or licensure because of a criminal case that had been scheduled for dismissal. A technical amendment is needed to make a related statute consistent with the Human Rights Law and to ensure that the amendment to the Human Rights Law functions as intended. Currently, the Division of Criminal Justice Services ("DCJS") reports ACD'd cases to employers and licensing agencies, even though employers and licensing agencies are prohibited from inquiring about ACD'd cases or discriminat- ing on the basis of ACD'd cases. These reports from DCJS put New Yorkers at increased risk of unlawful discrimination - and increase the risk of liability for employers, who may not be aware that ACD-related discrimi- nation is illegal. Multiple clients of The Legal Aid Society have been denied employment due to DCJS's disclosure of ACD'd cases since the time of the Human Rights Law amendment. These New Yorkers were only able to begin working after The Legal Aid Society intervened and asserted the clients' rights under the Human Rights Law. However, New Yorkers who are not represented by counsel will continue to lose job opportunities until a technical amendment is made to Executive Law § 845-d(1). In a post-Covid world of high unemployment, New York State must do everything in its power to ensure that New Yorkers have the opportunity to work and support their families. The language in the proposed technical amendment mirrors the language in the FY2020 budget amendment to the Human Rights Law. In addition, the proposed technical amendment replaces the phrase "criminal conviction" with its definition, "conviction of a crime," to ensure that violation- level convictions are not reported for civil purposes. The technical amendment does not apply to DCJS's reporting for criminal justice purposes. PRIOR LEGISLATIVE HISTORY: 2021-22: S.7402 - Committed to Rules FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect immediately.
2023-S258 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 258 2023-2024 Regular Sessions I N S E N A T E (PREFILED) January 4, 2023 ___________ Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the executive law, in relation to prohibiting the divi- sion of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal on civil records of arrests and prosecutions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 845-d of the executive law, as added by section 1 of subpart N of part II of chapter 55 of the laws of 2019, is amended to read as follows: 1. When, pursuant to statute or the regulations of this division, the division conducts a search of its criminal history records for civil purposes, and returns a report therein, it shall only report any [crimi- nal convictions] CONVICTION OF A CRIME, and any criminal arrests and accompanying criminal actions which are pending. A CRIMINAL ARREST AND ACCOMPANYING CRIMINAL ACTION WHICH HAVE BEEN FOLLOWED BY AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL PURSUANT TO SECTION 170.55, 170.56, 210.46, 210.47 OR 215.10 OF THE CRIMINAL PROCEDURE LAW SHALL NOT BE CONSIDERED PENDING FOR CIVIL PURPOSES UNLESS THE ORDER TO ADJOURN IN CONTEMPLATION OF DISMISSAL IS REVOKED AND THE CASE IS RESTORED TO THE CALENDAR FOR FURTHER PROSECUTION. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01109-01-3
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