Bill Text: NY A08493 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to criminal history of transportation network drivers and juvenile justice.

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Introduced - Dead) 2017-06-20 - substituted by s6782 [A08493 Detail]

Download: New_York-2017-A08493-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8493
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 16, 2017
                                       ___________
        Introduced  by  M.  of  A.  LENTOL,  WALLACE, RAMOS, SKARTADOS, BARRETT,
          SKOUFIS,  STIRPE,  HUNTER,  JONES,  JENNE,   SANTABARBARA,   PICHARDO,
          JEAN-PIERRE,  WOERNER, HARRIS, PELLEGRINO -- read once and referred to
          the Committee on Codes
        AN ACT to amend the vehicle and traffic law and the correction  law,  in
          relation  to  criminal history of transportation network company driv-
          ers; and to amend the criminal procedure law, in relation to  juvenile
          justice
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (b) of subdivision 1 of section 1696 of the vehi-
     2  cle and traffic law, as added by section 2 of part AAA of chapter 59  of
     3  the laws of 2017, is amended to read as follows:
     4    (b) The TNC shall not permit an applicant where such applicant:
     5    (i)  fails  to  meet  all  qualifications  pursuant to section sixteen
     6  hundred ninety-nine of this article;
     7    (ii) is a match in the United States Department  of  Justice  National
     8  Sex Offender Public Website;
     9    (iii) is listed on the sex offender registry pursuant to article six-C
    10  of the correction law;
    11    (iv) does not possess a valid New York driver's license;
    12    [(iv)]  (v) does not possess proof of registration for the motor vehi-
    13  cles used to provide TNC prearranged trips;
    14    [(v)] (vi) does not possess proof of  automobile  liability  insurance
    15  for  the  motor  vehicles used to provide TNC prearranged trips as a TNC
    16  vehicle; or
    17    [(vi)] (vii) is not at least nineteen years of age.
    18    § 2. Paragraph (b) of subdivision 2 of section 1699 of the vehicle and
    19  traffic law, as added by section 2 of part AAA of chapter 59 of the laws
    20  of 2017, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13256-01-7
        A. 8493                             2
     1    (b) An applicant shall be disqualified to receive a TNC driver  permit
     2  where he or she:
     3    (i)  stands  convicted  in the last three years of: unlawful fleeing a
     4  police officer in a motor  vehicle  in  violation  of  sections  270.35,
     5  270.30  or  270.25  of  the  penal law, reckless driving in violation of
     6  section twelve hundred twelve of this chapter, operating  while  license
     7  or  privilege  is  suspended  or  revoked  in  violation of section five
     8  hundred eleven of this chapter,  excluding  subdivision  seven  of  such
     9  section,  a misdemeanor offense of operating a motor vehicle while under
    10  the influence of alcohol or drugs in violation of section eleven hundred
    11  ninety-two of this chapter, or leaving  the  scene  of  an  accident  in
    12  violation  of subdivision two of section six hundred of this chapter. In
    13  calculating the three year period under this subparagraph, any period of
    14  time during which the person was incarcerated after  the  commission  of
    15  such  offense  shall  be  excluded  and  such three year period shall be
    16  extended by a period or periods equal to the  time  spent  incarcerated;
    17  [or]
    18    (ii)  stands  convicted  in  the  last  seven years of: [a sex offense
    19  defined in subdivision two of section one hundred sixty-eight-a  of  the
    20  correction  law,]  a felony offense defined in article one hundred twen-
    21  ty-five of the penal law, a violent felony offense  defined  in  section
    22  70.02  of  the  penal law, a class A felony offense defined in the penal
    23  law, a felony offense defined in section eleven  hundred  ninety-two  of
    24  this  chapter,  [an  offense for which registration as a sex offender is
    25  required pursuant to article  six-C  of  the  correction  law,]  or  any
    26  conviction  of  an  offense  in  any other jurisdiction that has all the
    27  essential elements of an offense listed in this subparagraph. In  calcu-
    28  lating the seven year period under this subparagraph, any period of time
    29  during  which  the  person was incarcerated after the commission of such
    30  offense shall be excluded and such seven year period shall  be  extended
    31  by a period or periods equal to the time spent incarcerated; or
    32    (iii)  is  required  to register as a sex offender pursuant to article
    33  six-C of the correction law.
    34    § 3. Section 168-p of the correction law is amended by  adding  a  new
    35  subdivision 2-b to read as follows:
    36    2-b.  The  division shall maintain a program allowing a transportation
    37  network company (TNC), as defined in section one  thousand  six  hundred
    38  ninety-one  of  the  vehicle  and  traffic law, to electronically submit
    39  multiple names, and other necessary identifying information as  required
    40  by  the division and in accordance with subdivision one of this section,
    41  of applicants applying to be TNC drivers for the purpose of  determining
    42  whether such applicants are listed on the sex offender registry pursuant
    43  to  this  article.  The division shall respond to such inquiry electron-
    44  ically, within four business days, and  notify  such  TNC  of  any  such
    45  applicant  who is listed on the registry pursuant to this article. A TNC
    46  shall pre-register with the division before the electronic submission of
    47  names and shall agree in writing that  information  obtained  by  a  TNC
    48  pursuant  to this subdivision be used only for the purposes of determin-
    49  ing eligibility of an applicant for a TNC permit, pursuant  to  sections
    50  one  thousand  six hundred ninety-six and one thousand six hundred nine-
    51  ty-nine of the vehicle and traffic law, by designated employees of  such
    52  TNC  and  that  such  information  shall not be distributed or disclosed
    53  except as specifically authorized by law.
    54    § 4. Paragraph (a) of subdivision 2 of section 160.59 of the  criminal
    55  procedure  law,  as added by section 48 of part WWW of chapter 59 of the
    56  laws of 2017, is amended to read as follows:
        A. 8493                             3
     1    (a) A defendant who has been convicted of up to two eligible  offenses
     2  but  not more than one felony offense may apply to the court in which he
     3  or she was convicted of the most serious offense to have such conviction
     4  or convictions sealed. If all offenses are offenses with the same  clas-
     5  sification,  the  application  shall  be  made to the court in which the
     6  defendant was last convicted.
     7    § 5. Subdivision 11 of section 160.59 of the criminal  procedure  law,
     8  as added by section 48 of part WWW of chapter 59 of the laws of 2017, is
     9  amended to read as follows:
    10    11.  No  defendant shall be required or permitted to waive eligibility
    11  for sealing pursuant to this section  as  part  of  a  plea  of  guilty,
    12  sentence  or  any  agreement  related  to  a  conviction for an eligible
    13  offense and any such waiver shall be deemed void and  wholly  [enforcea-
    14  ble] unenforceable.
    15    §  6.  This  act shall take effect immediately; provided, however that
    16  sections one and two of this act shall take effect on the same date  and
    17  in the same manner as section 2 of part AAA of chapter 59 of the laws of
    18  2017, takes effect; provided further that sections four and five of this
    19  act shall take effect on the same date and in the same manner as section
    20  48 of part WWW of chapter 59 of the laws of 2017, takes effect.