What's happening
This bill requires SUNY admission applications to ask if applicants have been convicted of violent felony sex offenses or multiple counts of sexual misconduct.
Why it matters
Could affect applicants’ willingness to apply. Requiring disclosure of violent felony sex offenses or multiple sexual misconduct convictions may discourage some individuals from applying to SUNY schools, even if they have completed their sentences, thus impacting access to higher education for people with criminal records.
Aims to address campus safety concerns. By collecting this information, SUNY institutions could use it to inform decisions about admissions or support services, reflecting a policy shift in balancing public safety on campus with rehabilitation and reintegration goals.
May raise privacy and discrimination issues. The mandatory reporting of sensitive past convictions could lead to concerns about privacy, the potential for discrimination in admissions decisions, and whether this measure aligns with broader “ban the box” efforts in higher education.
Specifies detailed disclosure requirements. Applicants would need to provide not only the fact of conviction but also details such as the specific offenses, dates, and courts, increasing the administrative burden on both applicants and the university’s admissions process.
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Who cares
Headline styles
Disclose Sex Crime Convictions
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to higher education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
968
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. YOUNG, GALLIVAN, HELMING, SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to directing the board of trustees of the state university to include, on every application for admission to a state-operated institution, a question on whether the applicant has been convicted of any violent felony sex offense or multiple counts of sexual misconduct
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 355 of the education law is amended by adding a new subdivision 17-a to read as follows:
17-a. The board of trustees of the state university shall adopt rules providing that each application for admission to a state-operated institution shall require the applicant to state whether he or she has ever been convicted of a violent felony sex offense, as defined in subdivision one of section 70.80 of the penal law, in this state or of an offense in any other jurisdiction in the United States which includes all of the essential elements of a violent felony sex offense in this state, and if he or she has been convicted of multiple counts of sexual misconduct as defined in section 130.20 of the penal law. If an applicant has been convicted of such an offense, he or she shall identify the violent felony sex offense or offenses of which he or she was convicted and if he or she has been convicted of multiple counts of sexual misconduct as defined in section 130.20 of the penal law, the date or dates of such conviction or convictions, and the court or courts in which such conviction or convictions were rendered.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02928-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to directing the board of trustees of the state university to include, on every application for admission to a state-operated institution, a ques- tion on whether the applicant has been convicted of any violent felony sex offense or multiple counts of sexual misconduct
Purpose or general idea of bill
Directs the Board of Trustees of the State University to require appli- cants to state-operated institutions to state whether they have been convicted of a violent felony sex offense, or multiple offenses of sexu- al misconduct.
Summary of specific provisions
Section 1 of the bill amends Section 355 of the Education Law by adding a new subdivision 17-a. Subdivision 17-a requires the Board of Trustees of the State University to adopt rules providing that each application for admission to a state-operated institution shall require the appli- cant to state whether he or she has ever been convicted of a violent felony sex offense, as defined in subdivision one of Section 70.80 of the Penal Law, in New York or of an offense in any other jurisdiction in the United States. The bill also requires the reporting of more than one conviction of sexual misconduct as defined in penal law section 130.20.
Read the full memo (634 words)
If an applicant has been convicted of such offense or offenses, he or she shall identify the violent felony sex or multiple sexual misconduct offense or offenses of which he or she was convicted, the date or dates of such conviction or convictions, and the court or courts in which such conviction or convictions were rendered.
Justification
In September, 2016, the Board of Trustees of the State University of New York (SUNY) approved a change, to take effect on July 1, 2017, eliminat- ing the question on applications about whether a student has ever been convicted of a felony. Prospective students will instead "be asked to declare a prior felony conviction post-admission and only when they seek campus housing or participation in clinical or field experiences, internships, or study abroad programs." According to SUNY adminis- tration, it will not conduct background checks or search Megan's Law sex offender lists before admission.
Prior to the adoption of these new rules, SUNY established a "Ban the Box Workgroup comprised of system and campus representatives, to evalu- ate its admissions policies and practices." According to SUNY, this workgroup did not include any representation from women's rights or victims' rights organizations. Additionally, no women's rights or victims' rights groups testified at a public hearing on this issue in May, 2016.
While the goal of SUNY's new policy is to "balance the right of individ- uals with prior convictions against legitimate concerns for safety on campus," the Albany Times Union reported that Board of Trustees consid- ered an exception in the case of a prospective student convicted of a felony sex offense, but decided against it. Research by the United States Department of Justice and The White House Council on Women and Girls indicates that 1 in 5 college females are the victims of actual or attempted sexual assault, and only 12% of student victims report the assault to law enforcement.
The goal of SUNY's new policy is admirable, since its report found that "62.5 percent of candidates who were asked to disclose prior felony convictions on SUNY admissions applications did not complete the appli- cation process." However, by eliminating the conviction question even for violent sexual felonies, SUNY's new policy puts college students at risk from convicted sex offenders and contradicts the major changes New York State has instituted in the last few years to fight the disturbing rise in campus sexual assaults.
Prior legislative history
2017-18: S.5462-A Passed Senate
Fiscal impact
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.