Bill Text: NY A08493 | 2017-2018 | General Assembly | Introduced
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
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. LBD13256-01-7A. 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 offense19defined in subdivision two of section one hundred sixty-eight-a of the20correction 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 is25required 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-14ble] 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.