Bill Text: NY S03351 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S03351 Detail]

Download: New_York-2017-S03351-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3351
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 20, 2017
                                       ___________
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction
        AN  ACT  to  amend  the correction law, in relation to the definition of
          "direct  relationship"  for  the  purposes  of  article  23-A  of  the
          correction  law  regarding  the  licensure  and  employment of persons
          previously convicted of one or more criminal offenses
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  3  of  section 750 of the correction law, as
     2  amended by chapter 284 of the laws  of  2007,  is  amended  to  read  as
     3  follows:
     4    (3) "Direct relationship" means that there is a substantial connection
     5  between  the nature of [criminal conduct] the crime for which the person
     6  was convicted [has a direct bearing on his fitness or ability to perform
     7  one or more of] and the duties or responsibilities  necessarily  related
     8  to  the  license,  opportunity,  or  job in question and such connection
     9  would create an unreasonable risk  to  property  or  to  the  safety  or
    10  welfare  of specific individuals or the general public upon the issuance
    11  or continuation of a license or the granting or continuation of  employ-
    12  ment of such person.
    13    §  2.  Section 752 of the correction law, as amended by chapter 284 of
    14  the laws of 2007, is amended to read as follows:
    15    § 752. Unfair discrimination against persons previously  convicted  of
    16  one  or  more  criminal  offenses  prohibited.    No application for any
    17  license or employment, and no employment or license held by an  individ-
    18  ual,  to  which  the provisions of this article are applicable, shall be
    19  denied or acted upon adversely by reason of the individual's having been
    20  previously convicted of one or more criminal offenses, or by reason of a
    21  finding of lack of "good moral character" when  such  finding  is  based
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07466-01-7
        S. 3351                             2
     1  upon  the  fact that the individual has previously been convicted of one
     2  or more criminal offenses, unless[:
     3    (1)] there is a direct relationship, as such term is defined in subdi-
     4  vision three of section seven hundred fifty of this article, between one
     5  or  more  of  the previous criminal offenses and the specific license or
     6  employment sought or held by the individual[; or
     7    (2) the issuance or continuation of the license  or  the  granting  or
     8  continuation  of  the  employment  would involve an unreasonable risk to
     9  property or to the safety or welfare  of  specific  individuals  or  the
    10  general public].
    11    §  3.  This  act shall take effect on the ninetieth day after it shall
    12  have become a law.