Bill Text: NY A04157 | 2015-2016 | General Assembly | Amended
Bill Title: Repeals provisions requiring the sealing of the conviction records of persons who have completed a judicial diversion program or a drug treatment alternative to prison.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 0000-00-00 - [A04157 Detail]
Download: New_York-2015-A04157-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4157 2015-2016 Regular Sessions IN ASSEMBLY January 29, 2015 ___________ Introduced by M. of A. MALLIOTAKIS, MONTESANO, DUPREY, CROUCH, McDO- NOUGH, McKEVITT, FINCH -- read once and referred to the Committee on Codes AN ACT to amend the executive law, in relation to inquiries about certain sealed convictions; and to repeal section 160.58 of the crimi- nal procedure law relating to conditional sealing of certain controlled substances, marihuana or specified offense convictions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 160.58 of the criminal procedure law is REPEALED. 2 § 2. Subdivision 16 of section 296 of the executive law, as separately 3 amended by section 3 of part N and section 14 of part AAA of chapter 56 4 of the laws of 2009, is amended to read as follows: 5 16. It shall be an unlawful discriminatory practice, unless specif- 6 ically required or permitted by statute, for any person, agency, bureau, 7 corporation or association, including the state and any political subdi- 8 vision thereof, to make any inquiry about, whether in any form of appli- 9 cation or otherwise, or to act upon adversely to the individual 10 involved, any arrest or criminal accusation of such individual not then 11 pending against that individual which was followed by a termination of 12 that criminal action or proceeding in favor of such individual, as 13 defined in subdivision two of section 160.50 of the criminal procedure 14 law, or by a youthful offender adjudication, as defined in subdivision 15 one of section 720.35 of the criminal procedure law, or by a conviction 16 for a violation sealed pursuant to section 160.55 of the criminal proce- 17 dure law [or by a conviction which is sealed pursuant to section 160.5818of the criminal procedure law], in connection with the licensing, 19 employment or providing of credit or insurance to such individual; 20 provided, further, that no person shall be required to divulge informa- 21 tion pertaining to any arrest or criminal accusation of such individual 22 not then pending against that individual which was followed by a termi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00568-01-5