Requires that a person shall be disqualified from receiving a transportation network company permit if he or she is convicted of a sex offense and such disqualification shall last the duration of time for which he or she is required to register as a sex offender.
STATE OF NEW YORK
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5641--A
2017-2018 Regular Sessions
IN SENATE
April 24, 2017
___________
Introduced by Sens. CROCI, SERINO, JACOBS, KENNEDY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Transportation -- reported favorably from said committee and committed
to the Committee on Rules -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to criminal
history background check of transportation network company drivers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (b) and (c) of subdivision 2 of section 1699 of
2 the vehicle and traffic law, as added by section 2 of part AAA of chap-
3 ter 59 of the laws of 2017, are amended to read as follows:
4 (b) An applicant shall be disqualified to receive a TNC driver permit
5 where he or she:
6 (i) stands convicted in the last three years of: unlawful fleeing a
7 police officer in a motor vehicle in violation of sections 270.35,
8 270.30 or 270.25 of the penal law, reckless driving in violation of
9 section twelve hundred twelve of this chapter, operating while license
10 or privilege is suspended or revoked in violation of section five
11 hundred eleven of this chapter, excluding subdivision seven of such
12 section, a misdemeanor offense of operating a motor vehicle while under
13 the influence of alcohol or drugs in violation of section eleven hundred
14 ninety-two of this chapter, or leaving the scene of an accident in
15 violation of subdivision two of section six hundred of this chapter. In
16 calculating the three year period under this subparagraph, any period of
17 time during which the person was incarcerated after the commission of
18 such offense shall be excluded and such three year period shall be
19 extended by a period or periods equal to the time spent incarcerated;
20 [or]
21 (ii) stands convicted in the last seven years of: [a sex offense
22 defined in subdivision two of section one hundred sixty-eight-a of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11130-04-7
S. 5641--A 2
1 correction law,] a felony offense defined in article one hundred twen-
2 ty-five of the penal law, a violent felony offense defined in section
3 70.02 of the penal law, a class A felony offense defined in the penal
4 law, a felony offense defined in section eleven hundred ninety-two of
5 this chapter, [an offense for which registration as a sex offender is
6 required pursuant to article six-C of the correction law,] or any
7 conviction of an offense in any other jurisdiction that has all the
8 essential elements of an offense listed in this subparagraph. In calcu-
9 lating the seven year period under this subparagraph, any period of time
10 during which the person was incarcerated after the commission of such
11 offense shall be excluded and such seven year period shall be extended
12 by a period or periods equal to the time spent incarcerated; or
13 (iii) stands convicted of a sex offense defined in subdivision two of
14 section one hundred sixty-eight-a of the correction law or any other
15 offense for which registration as a sex offender is required pursuant to
16 article six-C of the correction law for the duration of time for which
17 they are required to register as a sex offender pursuant to article
18 six-C of the correction law.
19 (c) A criminal history record that contains criminal conviction infor-
20 mation that does not disqualify an applicant pursuant to subparagraphs
21 (i) [or], (ii) or (iii) of paragraph (b) of this subdivision, shall be
22 reviewed and considered according to the provisions of article twenty-
23 three-A of the correction law and subdivisions fifteen and sixteen of
24 section two hundred ninety-six of the executive law in determining
25 whether or not the applicant should be issued a TNC driver's permit.
26 § 2. Subdivision 1 of section 1696 of the vehicle and traffic law is
27 amended by adding a new paragraph (g) to read as follows:
28 (g) Notwithstanding any provision of law to the contrary, the depart-
29 ment of criminal justice services shall permit a TNC, or a third party
30 on behalf of a TNC, that is subject to the provisions of this section to
31 access the New York state sex offender registry by electronic means.
32 § 3. This act shall take effect on the same date and in the same
33 manner as section 2 of part AAA of chapter 59 of the laws of 2017, takes
34 effect.
