Bill Text: NY A08504 | 2019-2020 | General Assembly | Amended
Bill Title: Requires public agencies and private employers to adopt a policy that requires the public agency or private employer to provide a person who has been convicted of a crime an opportunity to submit an explanation of the facts surrounding the offense and conviction and any other information the person deems relevant to the issue prior to making a determination regarding the convicted person's employment or a determination to refuse to issue a license to such person; requires contracts not be terminated, canceled or not renewed due to a conviction without an opportunity to submit an explanation.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2020-08-17 - print number 8504c [A08504 Detail]
Download: New_York-2019-A08504-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8504--C 2019-2020 Regular Sessions IN ASSEMBLY August 7, 2019 ___________ Introduced by M. of A. PERRY, WEPRIN, ORTIZ, MOSLEY, EPSTEIN, RICHARD- SON, DICKENS, SIMON -- read once and referred to the Committee on Correction -- recommitted to the Committee on Correction in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, the general obligations law and the civil rights law, in relation to enacting the "second chance act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "second 2 chance act". 3 § 2. The article heading of article 23-A of the correction law, as 4 added by chapter 931 of the laws of 1976, is amended to read as follows: 5 LICENSURE AND EMPLOYMENT OF PERSONS [PREVIOUSLY] 6 CONVICTED OF ONE OR MORE CRIMINAL OFFENSES 7 § 3. Section 751 of the correction law, as amended by chapter 284 of 8 the laws of 2007, is amended to read as follows: 9 § 751. Applicability. The provisions of this article shall apply to 10 any application by any person for a license or employment at any public 11 or private employer, who has previously been convicted of one or more 12 criminal offenses in this state or in any other jurisdiction, and to any 13 license or employment held by any person whose conviction of one or more 14 criminal offenses in this state or in any other jurisdiction preceded or 15 succeeded such employment or granting of a license, except where a 16 mandatory forfeiture, disability or bar to employment is imposed by law, 17 and has not been removed by an executive pardon, certificate of relief 18 from disabilities or certificate of good conduct. Nothing in this arti- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11000-26-0A. 8504--C 2 1 cle shall be construed to affect any right an employer may have with 2 respect to an intentional misrepresentation in connection with an appli- 3 cation for employment made by a prospective employee or previously made 4 by a current employee. 5 § 4. Section 752 of the correction law, as amended by chapter 284 of 6 the laws of 2007, is amended to read as follows: 7 § 752. Unfair discrimination against persons previously convicted of 8 one or more criminal offenses prohibited. No application for any license 9 or employment, and no employment or license held by an individual, to 10 which the provisions of this article are applicable, shall be denied or 11 acted upon adversely by reason of the [individual's] individual being 12 convicted of one or more criminal offenses or having been previously 13 convicted of one or more criminal offenses, or by reason of a finding of 14 lack of "good moral character" when such finding is based upon the fact 15 that the individual has previously been convicted of one or more crimi- 16 nal offenses, unless: 17 (1) there is a direct relationship between one or more of the previous 18 criminal offenses and the specific license or employment sought or held 19 by the individual; or 20 (2) the issuance or continuation of the license or the granting or 21 continuation of the employment would involve an unreasonable risk to 22 property or to the safety or welfare of specific individuals or the 23 general public. 24 § 5. The correction law is amended by adding a new section 752-a to 25 read as follows: 26 § 752-a. Conviction while employed or licensed. 1. Except where 27 continued licensure or employment is prohibited by law, no person who 28 holds a license or who is employed by any public or private employer 29 shall have such license revoked or shall be denied continuation or 30 resumption of such employment by reason of such individual having been 31 convicted of one or more criminal offenses, or by reason of a finding of 32 a lack of good moral character, when such finding is based upon the fact 33 that such individual has been convicted of one or more criminal 34 offenses, unless: 35 (a) there is a direct relationship between one or more of the criminal 36 offenses and the specific license or employment held by such individual; 37 or 38 (b) continuation of the license or the continuation or resumption of 39 such employment would involve an unreasonable risk to property or to the 40 safety or welfare of specific individuals or the general public. 41 2. As used in this section, the term "convicted" shall mean a 42 conviction for a crime other than a class B violent felony as defined in 43 the penal law, or a class A or class A-II felony as defined in the penal 44 law, other than a class A or class A-II felony as defined in article two 45 hundred twenty of the penal law, or an offense in another jurisdiction 46 which includes all of the essential elements of any such crime. 47 § 6. Subdivision 1 of section 753 of the correction law, as added by 48 chapter 931 of the laws of 1976, paragraph (b) as amended by chapter 284 49 of the laws of 2007, is amended and a new subdivision 3 is added to read 50 as follows: 51 1. In making a determination pursuant to section seven hundred fifty- 52 two or section seven hundred fifty-two-a of this [chapter] article, the 53 public agency or private employer shall consider the following factors: 54 (a) The public policy of this state, as expressed in this act, to 55 encourage the licensure and employment of persons previously convicted 56 of one or more criminal offenses.A. 8504--C 3 1 (b) The specific duties and responsibilities necessarily related to 2 the license or employment sought or held by the person. 3 (c) The bearing, if any, the criminal offense or offenses for which 4 the person was previously convicted will have on his or her fitness or 5 ability to perform one or more such duties or responsibilities. 6 (d) The time which has elapsed since the occurrence of the criminal 7 offense or offenses. 8 (e) The age of the person at the time of occurrence of the criminal 9 offense or offenses. 10 (f) The seriousness of the offense or offenses. 11 (g) Any information produced by the person, or produced on his or her 12 behalf, including in regard to his or her rehabilitation and good 13 conduct. 14 (h) The legitimate interest of the public agency or private employer 15 in protecting property, and the safety and welfare of specific individ- 16 uals or the general public. 17 3. Except where continued licensure or employment of such person is 18 prohibited by law under such circumstances, each public agency and 19 private business entity and corporation shall adopt a policy that 20 requires the public agency or private business entity or corporation 21 to provide such convicted person with an opportunity to submit an expla- 22 nation of the facts surrounding the offense and conviction and any 23 other information such person deems relevant to the issue, prior to 24 making a determination pursuant to section seven hundred fifty-two or 25 seven hundred fifty-two-a of this article. Nothing in this subdivi- 26 sion shall prohibit a public agency, private business entity or corpo- 27 ration duly authorized to conduct business in this state from imposing 28 sanctions upon a person convicted of a crime in accordance with the 29 regulations, policies and practices of the public agency or private 30 employer. 31 § 7. The general obligations law is amended by adding a new section 32 5-338 to read as follows: 33 § 5-338. Agreements concerning termination due to conviction. 1. 34 Termination. Except where continuation of such commercial activities are 35 prohibited by law under such circumstances, every covenant, agreement or 36 understanding between a governmental entity, private business entity or 37 corporation and a person or persons enabling such person or persons to 38 carry out specified commercial activities, which includes a clause 39 requiring the automatic termination of the covenant, agreement or under- 40 standing upon a conviction of such person or persons shall be deemed to 41 be void as against public policy and wholly unenforceable. 42 2. Explanation. Except where continuation of such covenants, agree- 43 ments or understandings are prohibited by law under such circumstances, 44 all covenants, agreements or understandings between a governmental 45 entity, private business entity or corporation and a person or persons 46 enabling such person or persons to carry out specified commercial 47 activities shall include and extend to such person or persons the right 48 to an opportunity to submit an explanation of the facts surrounding any 49 conviction or alleged offense as well as any other information the party 50 deems relevant to the conviction or alleged offense prior to any party 51 terminating a business contract or contract of employment due to 52 a conviction or alleged offense. 53 3. Sanctions. Nothing in this section shall prohibit a governmental 54 entity, private business entity or corporation from imposing sanc- 55 tions upon a person or persons convicted of a crime in accordance 56 with the regulations, policies and practices of the governmental enti-A. 8504--C 4 1 ty, private business entity or corporation. Unless otherwise authorized 2 by law, such sanctions shall not be of a duration that would in effect 3 terminate the viability of the affiliated business. 4 4. Comparability. If a review of the facts shall find that in the 5 history of the existence of the private business entity or corporation, 6 a person or persons holding a similar license or agreement to do busi- 7 ness in the name of the private business entity or corporation, who 8 while holding such license or prior to being granted such license, was 9 convicted of a felony or any offense for which the private business 10 entity or corporation could have claimed and exercised the right to 11 terminate the business relationship or permit to act under the name of 12 the private business entity or corporation, but such private business 13 entity or corporation, in exercise of its discretion, allowed such 14 person or persons to acquire or continue to hold and exercise such 15 license and authority to do business, and the private business entity 16 or corporation took no action to terminate such agreement, and the 17 private business entity or corporation determined not to provide an 18 extension of forgiveness and a second chance, the private business enti- 19 ty or corporation shall state why it determined not to grant such second 20 chance to such person and the burden of proof shall be on such private 21 business entity or corporation to demonstrate with substantive and 22 convincing proof how such extension of forgiveness and a second chance 23 would be detrimental to the interest of the private business entity or 24 corporation. 25 § 8. The civil rights law is amended by adding a new section 79-q to 26 read as follows: 27 § 79-q. Right to a reasonable review of facts and a reasonable consid- 28 eration for the extension of forgiveness and a second chance. Except 29 where continuation of such contract is prohibited by law under such 30 circumstances, no governmental entity, private business entity or corpo- 31 ration shall terminate, cancel or refuse to renew any contract based on 32 an individual being convicted of one or more criminal offenses without 33 such individual being given an opportunity to submit an explanation of 34 the facts surrounding any conviction or alleged offense as well as any 35 other information the individual deems relevant to the conviction or 36 alleged offense and provided a reasonable review of the facts and a 37 reasonable consideration for the extension of forgiveness and a second 38 chance. 39 § 9. This act shall take effect on the sixtieth day after it shall 40 have become a law.
