Bill Text: NY S05641 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires that a person shall be disqualified from receiving a transportation network company permit if he or she is convicted of a sex offense and such disqualification shall last the duration of time for which he or she is required to register as a sex offender.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S05641 Detail]

Download: New_York-2017-S05641-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5641
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 24, 2017
                                       ___________
        Introduced by Sens. CROCI, SERINO -- read twice and ordered printed, and
          when printed to be committed to the Committee on Transportation
        AN  ACT  to  amend  the vehicle and traffic law, in relation to criminal
          history background check of transportation network company drivers
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraphs (b) and (c) of subdivision 2 of section 1699 of
     2  the vehicle and traffic law, as added by section 2 of part AAA of  chap-
     3  ter 59 of the laws of 2017, are amended to read as follows:
     4    (b)  An applicant shall be disqualified to receive a TNC driver permit
     5  where he or she:
     6    (i) stands convicted in the last three years of:  unlawful  fleeing  a
     7  police  officer  in  a  motor  vehicle  in violation of sections 270.35,
     8  270.30 or 270.25 of the penal law,  reckless  driving  in  violation  of
     9  section  twelve  hundred twelve of this chapter, operating while license
    10  or privilege is suspended  or  revoked  in  violation  of  section  five
    11  hundred  eleven  of  this  chapter,  excluding subdivision seven of such
    12  section, a misdemeanor offense of operating a motor vehicle while  under
    13  the influence of alcohol or drugs in violation of section eleven hundred
    14  ninety-two  of  this  chapter,  or  leaving  the scene of an accident in
    15  violation of subdivision two of section six hundred of this chapter.  In
    16  calculating the three year period under this subparagraph, any period of
    17  time  during  which  the person was incarcerated after the commission of
    18  such offense shall be excluded and  such  three  year  period  shall  be
    19  extended  by  a  period or periods equal to the time spent incarcerated;
    20  [or]
    21    (ii) stands convicted in the last  seven  years  of:  [a  sex  offense
    22  defined  in  subdivision two of section one hundred sixty-eight-a of the
    23  correction law,] a felony offense defined in article one  hundred  twen-
    24  ty-five  of  the  penal law, a violent felony offense defined in section
    25  70.02 of the penal law, a class A felony offense defined  in  the  penal
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11130-02-7
        S. 5641                             2
     1  law,  a  felony  offense defined in section eleven hundred ninety-two of
     2  this chapter, [an offense for which registration as a  sex  offender  is
     3  required  pursuant  to  article  six-C  of  the  correction law,] or any
     4  conviction  of  an  offense  in  any other jurisdiction that has all the
     5  essential elements of an offense listed in this subparagraph. In  calcu-
     6  lating the seven year period under this subparagraph, any period of time
     7  during  which  the  person was incarcerated after the commission of such
     8  offense shall be excluded and such seven year period shall  be  extended
     9  by a period or periods equal to the time spent incarcerated; or
    10    (iii)  stands convicted of a sex offense defined in subdivision two of
    11  section one hundred sixty-eight-a of the correction  law  or  any  other
    12  offense for which registration as a sex offender is required pursuant to
    13  article  six-C  of the correction law for the duration of time for which
    14  they are required to register as a  sex  offender  pursuant  to  article
    15  six-C of the correction law.
    16    (c) A criminal history record that contains criminal conviction infor-
    17  mation  that  does not disqualify an applicant pursuant to subparagraphs
    18  (i) [or], (ii) or (iii) of paragraph (b) of this subdivision,  shall  be
    19  reviewed  and  considered according to the provisions of article twenty-
    20  three-A of the correction law and subdivisions fifteen  and  sixteen  of
    21  section  two  hundred  ninety-six  of  the  executive law in determining
    22  whether or not the applicant should be issued a TNC driver's permit.
    23    § 2. This act shall take effect on the  same  date  and  in  the  same
    24  manner as section 2 of part AAA of chapter 59 of the laws of 2017, takes
    25  effect.