Bill Text: NY A07191 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - referred to correction [A07191 Detail]

Download: New_York-2023-A07191-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7191

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 12, 2023
                                       ___________

        Introduced  by M. of A. DILAN -- read once and referred to the Committee
          on Correction

        AN ACT to amend the criminal procedure law, in  relation  to  preventing
          employment  discrimination against persons whose criminal charges have
          been adjourned in contemplation of dismissal

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 8 of section 170.55 of the criminal procedure
     2  law, as added by chapter 134 of the laws of 1982 and  as  renumbered  by
     3  chapter 683 of the laws of 1990, is amended to read as follows:
     4    8.  The granting of an adjournment in contemplation of dismissal shall
     5  not be deemed to be a conviction or an admission  of  guilt.  No  person
     6  shall  suffer any disability or forfeiture as a result of such an order.
     7  Upon granting the order of adjournment, the action shall  be  considered
     8  terminated in the defendant's favor for the purpose of the provisions of
     9  subdivision  sixteen  of section two hundred ninety-six of the executive
    10  law. Upon the dismissal of the accusatory instrument  pursuant  to  this
    11  section,  the  arrest  and prosecution shall be deemed a nullity and the
    12  defendant shall be restored, in contemplation of law, to the  status  he
    13  or she occupied before his or her arrest and prosecution.
    14    § 2. Subdivision 4 of section 170.56 of the criminal procedure law, as
    15  added  by  chapter  1042  of  the  laws  of  1971, is amended to read as
    16  follows:
    17    4. Upon the granting of an order pursuant to subdivision two  of  this
    18  section,  the  action  shall be considered terminated in the defendant's
    19  favor for the purpose  of  the  provisions  of  subdivision  sixteen  of
    20  section  two  hundred ninety-six of the executive law. Upon the granting
    21  of an order pursuant to subdivision three, the  arrest  and  prosecution
    22  shall  be  deemed  a  nullity  and  the  defendant shall be restored, in
    23  contemplation of law, to the status he or she occupied before his or her
    24  arrest and prosecution.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01078-01-3
        A. 7191                             2

     1    § 3. No provision of this act shall be construed to impair or diminish
     2  any rights an employee or licensee, or an applicant for employment or  a
     3  license, may already possess pursuant to section 170.55 or 170.56 of the
     4  criminal procedure law.
     5    §  4.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law. Effective immediately, the addition, amendment and/or
     7  repeal of any rule or regulation necessary  for  the  implementation  of
     8  this  act  on  its effective date are authorized to be made on or before
     9  such date.