What's happening
This bill clarifies the definition of "direct relationship" for employment and licensing decisions regarding individuals with prior criminal convictions, emphasizing a substantial, risky connection between the crime and the duties involved.
Why it matters
Narrows the grounds for denying jobs or licenses based on criminal history. by making it clear that denial is only justified if the past crime is substantially connected to the duties of the job or license and poses an unreasonable risk to people or property.
Provides clearer legal standards for employers and licensing agencies. by defining a “direct relationship” as requiring both a substantial connection to the crime and a demonstrable risk, which may help reduce arbitrary or overly broad exclusions of people with convictions.
Strengthens protections for individuals with criminal records. by eliminating vague or redundant justifications for denial, making it harder for employers or agencies to cite criminal history as a barrier unless they can specifically show both relevance and risk.
May improve workforce reintegration and public safety. by promoting fairer assessment of applicants, encouraging rehabilitation, and reducing recidivism through greater access to employment and professional opportunities.
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Who cares
Headline styles
Limit Job Bias After Conviction
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 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
S. 3351 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.
Sponsor's memo
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 revise the definition of "direct relationship" and to establish that a denial of employment or a license based on a criminal record, must be based on the connection between the specific duties or responsibilities of the job or license and the nature of the criminal conviction. Such connection must create an unreasonable risk to property or public safety.
Section 2 of the bill makes conforming changes to the corrections 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. Finding effective ways to manage their reentry into the workforce is critical 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 Article 23A and do not automatically disqualify applicants based only on a criminal conviction.
Legislative history
2009-10: S.4368-B/A.8065-A (Aubry)- Referred to Crime Victims, Crime and Correction 2011-12: S.969/A.5357 (Aubry) - Committed to Rules 2013-14: S.3357/A.4887 - (Sepulveda) - Referred to Crime Victims, Crime and Correction 2015-16: S.2096/A.2734 (Sepulveda) - Referred to Crime Victims, Crime and Correction
Fiscal implications
Successful re-entry and re-integration of formerly incarcerated individuals will increase state revenues through the inclusion of thousands of able bodied, 'taxpaying citizens' to the state's workforce; additional savings to the state will be gained 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.