What's happening
This bill strengthens background checks for transportation network company drivers by expanding disqualifications related to sex offenses and registry access.
Why it matters
Permanent Disqualification for Sex Offenders. The bill closes a loophole by permanently disqualifying anyone required to register as a sex offender (for the duration of their registration) from becoming a TNC driver, instead of just disqualifying those convicted within the last seven years. This could significantly reduce the risk of repeat offenders gaining access to passengers.
Expanded Access for Background Checks. The legislation requires that transportation network companies (like Uber and Lyft) have direct electronic access to the New York State Sex Offender Registry, making it easier and more reliable for companies to screen applicants and monitor current drivers.
Alignment with Other Safety Laws. The bill more closely links TNC driver eligibility to the standards and definitions used in New York’s correction law regarding sex offenses, ensuring that TNC background checks are as robust as those used in other sensitive areas of employment.
Potential Impact on Driver Pool and Public Trust. By expanding and clarifying these disqualifications, the bill may reduce the pool of eligible TNC drivers but could also increase public confidence in the safety of rideshare services, which could be important for both passengers and the reputation of TNCs.
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Who cares
Transportation network companies and background-check vendors
The bill would give companies, or third parties acting on their behalf, electronic access to the New York State sex offender registry.
Driver applicants with sex-offense convictions
The bill would replace the seven-year disqualification window for specified sex offenses and offenses requiring sex-offender registration with a bar lasting for the required registration period.
Department of Criminal Justice Services
The bill would require the agency to permit electronic registry access for transportation network companies or third parties acting on their behalf.
Headline styles
Stricter Driver Background Checks
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 3
History
- Referred to transportation
- Returned to senate
- Died in assembly
- Referred to transportation
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.1561
- Print number 5641a
- Amend and recommit to rules
- Reported and committed to rules
- Referred to transportation
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.
Stricter Checks for Ride Drivers
In Assembly Committee · Transportation · Sponsor Dean Murray
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5641--A
2017-2018 Regular Sessions
IN SENATE
April 24, 2017
Introduced by Sens. CROCI, SERINO, JACOBS, KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, do enact as follows:
Section 1. Paragraphs (b) and (c) of subdivision 2 of section 1699 of the vehicle and traffic law, as added by section 2 of part AAA of chapter 59 of the laws of 2017, are amended to read as follows:
(b) An applicant shall be disqualified to receive a TNC driver permit where he or she:
(i) stands convicted in the last three years of: unlawful fleeing a police officer in a motor vehicle in violation of sections 270.35, 270.30 or 270.25 of the penal law, reckless driving in violation of section twelve hundred twelve of this chapter, operating while license or privilege is suspended or revoked in violation of section five hundred eleven of this chapter, excluding subdivision seven of such section, a misdemeanor offense of operating a motor vehicle while under the influence of alcohol or drugs in violation of section eleven hundred ninety-two of this chapter, or leaving the scene of an accident in violation of subdivision two of section six hundred of this chapter. In calculating the three year period under this subparagraph, any period of time during which the person was incarcerated after the commission of such offense shall be excluded and such three year period shall be extended by a period or periods equal to the time spent incarcerated; [or]
(ii) stands convicted in the last seven years of: [a sex offense defined in subdivision two of section one hundred sixty-eight-a of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11130-04-7
S. 5641--A 2
correction law,] a felony offense defined in article one hundred twenty-five of the penal law, a violent felony offense defined in section 70.02 of the penal law, a class A felony offense defined in the penal law, a felony offense defined in section eleven hundred ninety-two of this chapter, [an offense for which registration as a sex offender is required pursuant to article six-C of the correction law,] or any conviction of an offense in any other jurisdiction that has all the essential elements of an offense listed in this subparagraph. In calculating the seven year period under this subparagraph, any period of time during which the person was incarcerated after the commission of such offense shall be excluded and such seven year period shall be extended by a period or periods equal to the time spent incarcerated; or
(iii) stands convicted of a sex offense defined in subdivision two of section one hundred sixty-eight-a of the correction law or any other offense for which registration as a sex offender is required pursuant to article six-C of the correction law for the duration of time for which they are required to register as a sex offender pursuant to article six-C of the correction law.
(c) A criminal history record that contains criminal conviction information that does not disqualify an applicant pursuant to subparagraphs (i) [or], (ii) or (iii) of paragraph (b) of this subdivision, shall be reviewed and considered according to the provisions of article twentythree-A of the correction law and subdivisions fifteen and sixteen of section two hundred ninety-six of the executive law in determining whether or not the applicant should be issued a TNC driver's permit.
§ 2. Subdivision 1 of section 1696 of the vehicle and traffic law is amended by adding a new paragraph (g) to read as follows:
(g) Notwithstanding any provision of law to the contrary, the department of criminal justice services shall permit a TNC, or a third party on behalf of a TNC, that is subject to the provisions of this section to access the New York state sex offender registry by electronic means.
§ 3. This act shall take effect on the same date and in the same manner as section 2 of part AAA of chapter 59 of the laws of 2017, takes effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to criminal history background check of transportation network company drivers
Purpose or general idea of bill
This bill prohibits persons convicted of a sex offense, who are currently required to register as a sex offender, from obtaining a TNC driver permit for the duration of time for which they are required to register as a sex offender.
Summary of specific provisions
Section 1: This section amends Part AAA of Chapter 59 of the Laws of 2017, by providing that a sex offender shall not be issued a TNC driver permit during the pendency of their registration period.
Read the full memo (700 words)
Section 2: This section amends subdivision 1 of section 1696 of the vehicle and traffic law, by providing a TNC, or a third party on the TNC's behalf, access to the New York State sex offender registry by electronic means.
Justification
The 2017 Enacted Budget authorized Ride Sharing throughout the State. Disappointingly, the law also allows Level One registered sex offenders to obtain TNC driver permits, thereby jeopardizing public health and safety.
New York State has long recognized the high incidences of recidivism among sexual offenders, and has rightly required these individuals to register with the state as sex offenders. The purpose of this registration is twofold. It allows law enforcement to continue monitoring these offenders and provides the general public with awareness concerning the presence of these individuals in their community, thereby reducing recidivism and preventing further victimization.
The sex offender registry allows the public to access information about offenders Designated as Level 2 or Level 3, through an online database. However, the identities of level 1 offenders are not published on the registry. Rather, a member of the public would need to call the hotline and specifically inquire as to whether a given individual is registered as a sexual offender. This makes obtaining information about Level One offenders more difficult for the public to access.
Pursuant to recently enacted Vehicle and Traffic Law Section 1696(1)(b)(ii), a TNC driver applicant shall be disqualified from receiving a TNC Driver Permit if such applicant is a match in the United States Department of Justice National Sex Offender Public Website, however this database only contains a listing of NYS Sex Offenders designated as Level 2 or Level 3. Level 1 Offenders are not included, and therefore not prohibited from receiving a TNC driver permit pursuant to this section.
Reading further, recently enacted Vehicle and Traffic Law Section 1699(2) (b)(ii), provides that persons convicted of a sex offense, within the last seven years, are also disqualified from receiving a TNC Driver Permit. However, Level 1 offenders are required to register as Sexual Offenders for a period of twenty years due to the continued risk that they pose to society. This post release registration requirement has been upheld by courts based on the legitimate government interest in preventing recidivism, and data proving the high recidivism rates among sexual offenders. The enacted language essentially allows Level 1 offenders to obtain a TNC driver permit seven years in to their twenty year mandatory registration period.
It is irresponsible to allow a Level 1 offender, to obtain a TNC permit during the pendency of their registration period. Allowing sex offenders to transport ride sharing patrons in their personal vehicles is unsafe. Even worse, a ride sharing patron who checks their drivers' name on the sex offender registry, will not see the name of a Level 1 Offender listed, and may incorrectly assume that their driver is not a sex offender.
The public expects that when government regulates an industry, that the safety and security of society be the driving force behind the regulation thereof. This bill corrects a glaring error in the ride sharing law, by providing that a registered offender may not receive a TNC Driver Permit during the entire period for which they are required to register as a sexual offender.
Prior legislative history
This is a new bill.
Fiscal impact
None to the state.
Effective date
This act shall take effect in the same manner as Part AAA of Chapter 59 of 2017.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.