New York State Assembly

 
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A02343 Summary:

A02343 Actions:

A02343 Committee Votes:

Committee:CORRECTION   Chair:Weprin      
DATE:01/24/2017AYE/NAY:10/3  Action: Favorable refer to committee Codes        
Weprin
Aye
Giglio
Nay
Ortiz
Aye
Finch
Nay
Colton
Aye
Palmesano
Nay
Rozic
Aye
Sepulveda
Aye
Davila
Aye
Mosley
Aye
Blake
Aye
Walker
Aye
De La Rosa
Aye

Committee:CODES   Chair:Lentol      
DATE:01/24/2017AYE/NAY:15/7  Action: Favorable         
Lentol
Aye
Graf
Nay
Schimminger
Nay
Giglio
Nay
Weinstein
Aye
McKevitt
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Nay
Cymbrowitz
Aye
Morinello
Nay
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

A02343 Floor Votes:

A02343 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A2343
 
SPONSOR: Aubry (MS)

 
TITLE OF BILL:
 
An act to amend the executive law, in relation to requiring employers to
make a conditional offer of employment before inquiring about any crimi-
nal convictions of a prospective employee
 
 
PURPOSE:
 
This bill will curtail unlawful discriminatory practices against persons
with criminal records and help to ensure that employers abide by the
provisions of Article 23-A of the correction law.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of the bill amends the Human Rights Law to provide that no
employer may ask about a criminal conviction unless such employer first
makes a conditional offer of employment. Such offer could then be with-
drawn in accordance with Article 23-A of the correction law where there
is a direct relationship between the employment and the conviction and
hiring the person would threaten public safety or property.
 
Section 2 of the bill provides that the act shall take effect on the
ninetieth day after it shall have become law.
 
 
JUSTIFICATION:
 
Upon return to the community following incarceration, individuals are
expected to find and maintain gainful employment. Finding effective ways
to manage their reentry into the workforce is critical to promoting
public safety and curbing recidivism rates and the high costs of re-in-
carceration. Unfortunately, many employers maintain blanket barriers to
employment based solely on criminal conviction records even when the
conviction may be completely unrelated to the job sought and no threat
to the public or property is present.
 
Article 23-A of the correction law prohibits discrimination against a
person with a criminal record unless the duties or responsibilities of
the job or license sought are directly related to the conviction.  This
bill will help to ensure that employers abide by the standards of Arti-
cle 23A and do-n of automatically disqualify applicants based only on a
criminal conviction.
 
 
LEGISLATIVE HISTORY:
 
A2990 Passed the Assembly in 2015 and was Ordered to Third Reading in
2016.
A.4869 was reported, referred to codes in 2013 and 2014.
A.7782 of 2012 reported, referred to codes
 
 
FISCAL IMPLICATIONS:
 
Successful re-entry and re-integration of formerly incarcerated individ-
uals will increase state revenues through the inclusion of thousands of
able-bodied, "taxpaying citizens" to the state's workforce; additional
savings to the state will inure from a reduction in costs associated
with recidivism, re-incarceration and social services.
 
LOCAL FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act will take effect on the ninetieth day after it shall have
become law.

A02343 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2343
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 18, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  AUBRY, KAVANAGH, PRETLOW, COLTON, O'DONNELL,
          PERRY, JAFFEE, GOTTFRIED, COOK, ARROYO, WALKER, PICHARDO,  RICHARDSON,
          BRONSON,  HYNDMAN,  SEPULVEDA, BLAKE -- Multi-Sponsored by -- M. of A.
          HOOPER, SIMON -- read once and referred to the Committee on Correction
 
        AN ACT to amend the executive law, in relation to requiring employers to
          make a conditional offer of  employment  before  inquiring  about  any
          criminal convictions of a prospective employee
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 296 of the executive law is amended by adding a new
     2  subdivision 15-a to read as follows:
     3    15-a. It shall be an unlawful discriminatory practice, unless  specif-
     4  ically  required  or permitted by statute, for any prospective employer,
     5  including  any  person,  agency,  bureau,  corporation  or  association,
     6  including  the  state  and any political subdivision thereof, to make an
     7  inquiry about, whether in any form of application or  otherwise,  or  to
     8  act  upon  adversely to the individual involved based upon, any criminal
     9  conviction of such individual unless such employer first makes a  condi-
    10  tional offer of employment to such individual. Such conditional offer of
    11  employment may only subsequently be withdrawn on the basis of a criminal
    12  conviction  in  accordance with article twenty-three-A of the correction
    13  law where such conviction bears a direct relationship, as such  term  is
    14  defined  in  subdivision  three  of  section  seven hundred fifty of the
    15  correction law, to the specific position being offered, or the  granting
    16  of  such employment would involve an unreasonable risk to property or to
    17  the safety or welfare of specific individuals or the general public.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08007-01-7

A02343 LFIN:

 
NO LFIN