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A2144Assembly2017-2018 SessionSame asS3351

Clarify Job Rights for Ex-Offenders

Official title

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

Status
Stricken
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Correction

What's happening

This bill amends the correction law to clarify when a past criminal conviction can disqualify someone from employment or licensure, defining "direct relationship" and limiting unfair discrimination.

Why it matters

  1. Clarifies when a past conviction can disqualify someone from a job or license. by specifying that only convictions with a "substantial connection" to the duties of the position—and which would create an unreasonable risk to safety or property—can be grounds for denial.

  2. Limits vague or overly broad use of “good moral character”. as a reason for denying employment or licensure, ensuring that a criminal record alone isn’t enough unless it meets the new, stricter definition of “direct relationship.”

  3. Standardizes how employers and licensing agencies assess risk. by requiring them to follow a clearer, more objective definition, which could reduce arbitrary or discriminatory exclusions of people with criminal histories.

  4. Supports reintegration and reduces recidivism. by making it harder for employers and licensing bodies to unfairly block qualified individuals from jobs and professional opportunities solely due to past convictions unrelated to the work.

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Who cares

Headline styles

Clarify Job Rights for Ex-Offenders

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Enacting clause stricken
  2. Recommitted to correction
  3. Ordered to third reading cal.159
  4. Advanced to third reading cal.388
  5. Reported
  6. Referred to correction

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3351Senate

Limit Job Bias After Conviction

In Senate Committee · Crime Victims, Crime And Correction · Sponsor Jamaal Bailey

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2144

2017-2018 Regular Sessions

IN ASSEMBLY

January 17, 2017

Introduced by M. of A. SEPULVEDA, AUBRY, O'DONNELL, JAFFEE, RIVERA, CRESPO, ORTIZ, HEVESI, FAHY, COLTON, BLAKE -- Multi-Sponsored by -- M. of A. ARROYO, PERRY, STECK -- read once and referred to the Committee on 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 Assembly, do enact as follows:

Section 1. Subdivision 3 of section 750 of the correction law, as amended by chapter 284 of the laws of 2007, is amended to read as follows:

(3) "Direct relationship" means that there is a substantial connection between the nature of [criminal conduct] the crime for which the person was convicted [has a direct bearing on his fitness or ability to perform one or more of] and the duties or responsibilities necessarily related to the license, opportunity, or job in question and such connection would create an unreasonable risk to property or to the safety or welfare of specific individuals or the general public upon the issuance or continuation of a license or the granting or continuation of employment of such person.

§ 2. Section 752 of the correction law, as amended by chapter 284 of the laws of 2007, is amended to read as follows:

§ 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, and no employment or license held by an individual, to which the provisions of this article are applicable, shall be denied or acted upon adversely by reason of the individual's having been previously convicted of one or more criminal offenses, or by reason of a 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

A. 2144 2

upon the fact that the individual has previously been convicted of one or more criminal offenses, unless[:

(1)] there is a direct relationship, as such term is defined in subdivision three of section seven hundred fifty of this article, between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual[; or

(2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public].

§ 3. This act shall take effect on the ninetieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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