What's happening
This bill clarifies and modifies the definition of "direct relationship" for employment and licensure decisions regarding individuals with prior criminal convictions.
Why it matters
Narrows when employers or licensing agencies can deny opportunities. to people with criminal records—now, denial is only allowed if there’s a “substantial connection” between the crime and the job or license, and if hiring would create an “unreasonable risk” to safety or property.
Clarifies legal standards for “direct relationship”. by specifying that past criminal conduct must be substantially related to job duties and present a real risk, reducing vague or overly broad reasoning for exclusion.
Reduces discrimination based solely on a criminal record. by eliminating the separate “unreasonable risk” standard as a standalone reason for denial, making it harder to reject someone just because of their history without showing a clear connection to the job.
May increase job and licensing access for people with convictions. , encouraging successful re-entry, reducing recidivism, and promoting fairer treatment in employment and licensing decisions.
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Who cares
Headline styles
Define Job Rejection Criteria
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.583
- Referred to crime victims, crime and correction
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.947
- Referred to crime victims, crime and 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.
Clarify Job Rights After Conviction
Assembly Floor Calendar · Sponsor Latrice Walker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2196
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sens. BAILEY, SEPULVEDA -- 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.
LBD05420-01-9
S. 2196 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 cr 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-in- carceration. 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
2017-18: S.3351 - Referred to Crime Victims, Crime and Correction
Fiscal implications
Successful re-entry and re-integration of formerly incarcerated individ- uals 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.