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A8065Assembly2009-2010 SessionSame asS4368

Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding certain licensures and employment

Sponsor Jeffrion AubryAD-35Affects Public Safety & Consumer Affairs
Status
Assembly Floor Calendar
Impact
Pending
Passage
Pending

Bill progress

Step 3 of 7

Floor calendar · Feb 2

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Who cares

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Sponsors

Primary sponsor
Jeffrion Aubry

Assembly Member · Assembly District 35

1 Multi-sponsor

History

  1. Amended on third reading 8065a
  2. Ordered to third reading cal.549
  3. Returned to assembly
  4. Died in senate
  5. Referred to rules
  6. Delivered to senate
  7. Passed assembly
  8. Ordered to third reading rules cal.323
  9. Rules report cal.323
  10. Reported
  11. Reported referred to rules
  12. Referred to correction

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A8065A

Title of bill

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

Purpose

This bill will curtail unlawful discriminatory practices against persons with criminal records and help to ensure that employers abide by the provisions of Article 23-A of the correction law.

Summary of provisions

Section 1 of the bill amends the correction law to change the definition of "direct relationship" and provide that in order to deny a person employment or a license based on a criminal record, there must be a connection between the specific duties or responsibilities of the job or license and the nature of the criminal conviction and such connection must create an unreasonable risk to prop- erty or public safety.

Section 2 of the bill makes a conforming change to section 752 of the correction law.

Section 3 of the bill provides that the act shall take effect on the ninetieth day after it shall have become law.

Justification

Upon return to the community following incarceration, individuals are expected to find and maintain gainful employment. Find- ing effective ways to manage their reentry into the workforce is crit- ical to promoting public safety and curbing recidivism rates and the high costs Of re-incarceration. Unfortunately, many employers maintain blanket barriers to employment based solely on criminal conviction records even when the conviction may be completely unrelated to the job sought and no threat to the public or property is present.

Article 23-A of the correction law prohibits discrimination against a person with a criminal record unless the duties or responsibilities of the job or license sought are directly related to the conviction. This bill will help to ensure that employers abide by the standards of Arti- cle 23A and do not automatically disqualify applicants based only on a criminal conviction.

Legislative history

New bill.

Fiscal implications

Successful re-entry and re-integration of formerly incarcerated individuals will increase state revenues through the inclu- sion of thousands of able-bodied, taxpaying citizens to the state's workforce; additional savings to the state will inure from a reduction in costs associated with recidivism, re-incarceration and social services.

Local fiscal implications

None,

Effective date

This act will take effect on the ninetieth day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.