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A02144 Summary:

BILL NOA02144
 
SAME ASSAME AS S03351
 
SPONSORSepulveda
 
COSPNSRAubry, O'Donnell, Jaffee, Rivera, Crespo, Ortiz, Hevesi, Fahy, Colton, Blake, Dickens, Cook, Weprin, Gottfried
 
MLTSPNSRArroyo, De La Rosa, Hyndman, Perry, Simon, Steck
 
Amd 750 & 752, Cor L
 
Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.
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A02144 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2144
 
SPONSOR: Sepulveda (MS)
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: 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 SPECIFIC PROVISIONS: Section 1 of the bill amends the correction law to change the definition of "direct relationship" and provide that in order to deny a person employment or a license based on a criminal record, there must be a connection between the specific duties or responsibilities of the job or license and the nature of the criminal conviction and such connection must create an unreasonable risk to property or public safety. Section 2 of the bill makes a conforming change to section 752 of the correction law. Section 3 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 not automatically disqualify applicants based only on a criminal conviction.   PRIOR LEGISLATIVE HISTORY: 2014: S.3357 - Referred to Crime Victims, Crime and Correction / A.4887-Passed Assembly 2013: S.3357 - Referred to Crime Victims, Crime and Correction / A.4887-Passed Assembly 2012: S.969 - Committee Discharged and Committed to Rules / A.5357-Advanced to Third Reading 2011: S.969 - Referred to Crime Victims, Crime and Correction / A.5357 Advanced to Third Reading 2010: S.4368-B - Referred to Crime Victims, Crime and Correction / A.8065 - Passed Assembly 2009: S.4368-B - Referred to Crime Victims, Crime and Correction / A.8065 - Passed Assembly 2016 : ordered to third reading cal.126   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.   EFFECTIVE DATE: This act will take effect on the ninetieth day after it shall have become law.
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A02144 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2144
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  SEPULVEDA, AUBRY, O'DONNELL, JAFFEE, RIVERA,
          CRESPO, ORTIZ, HEVESI, FAHY, COLTON, BLAKE -- Multi-Sponsored by -- M.
          of A. ARROYO, PERRY, STECK -- read once and referred to the  Committee
          on 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:
 
     1    Section  1.  Subdivision  3  of  section 750 of the correction law, as
     2  amended by chapter 284 of the laws  of  2007,  is  amended  to  read  as
     3  follows:
     4    (3) "Direct relationship" means that there is a substantial connection
     5  between  the nature of [criminal conduct] the crime for which the person
     6  was convicted [has a direct bearing on his fitness or ability to perform
     7  one or more of] and the duties or responsibilities  necessarily  related
     8  to  the  license,  opportunity,  or  job in question and such connection
     9  would create an unreasonable risk  to  property  or  to  the  safety  or
    10  welfare  of specific individuals or the general public upon the issuance
    11  or continuation of a license or the granting or continuation of  employ-
    12  ment of such person.
    13    §  2.  Section 752 of the correction law, as amended by chapter 284 of
    14  the laws of 2007, is amended to read as follows:
    15    § 752. Unfair discrimination against persons previously  convicted  of
    16  one  or  more  criminal  offenses  prohibited.    No application for any
    17  license or employment, and no employment or license held by an  individ-
    18  ual,  to  which  the provisions of this article are applicable, shall be
    19  denied or acted upon adversely by reason of the individual's having been
    20  previously convicted of one or more criminal offenses, or by reason of a
    21  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.
                                                                   LBD07466-01-7

        A. 2144                             2
 
     1  upon  the  fact that the individual has previously been convicted of one
     2  or more criminal offenses, unless[:
     3    (1)] there is a direct relationship, as such term is defined in subdi-
     4  vision three of section seven hundred fifty of this article, between one
     5  or  more  of  the previous criminal offenses and the specific license or
     6  employment sought or held by the individual[; or
     7    (2) the issuance or continuation of the license  or  the  granting  or
     8  continuation  of  the  employment  would involve an unreasonable risk to
     9  property or to the safety or welfare  of  specific  individuals  or  the
    10  general public].
    11    §  3.  This  act shall take effect on the ninetieth day after it shall
    12  have become a law.
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