NY State Senate Bill 2009-S4368

Senate Bill S4368

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 04, 2010	print number 4368b
Feb 04, 2010	amend and recommit to crime victims, crime and correction
Jan 06, 2010	referred to crime victims, crime and correction
Jul 16, 2009	committed to rules
May 20, 2009	advanced to third reading
May 19, 2009	2nd report cal.
May 18, 2009	1st report cal.347
Apr 30, 2009	print number 4368a
Apr 30, 2009	amend (t) and recommit to crime victims, crime and correction
Apr 22, 2009	referred to crime victims, crime and correction

Bill Amendments

Original

B (Active)

2009-S4368 - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Laws Affected:: Amd §§750 & 752, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S969
2013-2014: S3357
2015-2016: S2096
2017-2018: S3351
2019-2020: S2196
2021-2022: S3361
2023-2024: S1278

2009-S4368 - Summary

Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.

2009-S4368 - Sponsor Memo

                                 BILL NUMBER:  S4368               REVISED 04/29/09

 TITLE OF BILL :
An act to amend the correction law, in relation to establishing that
it is an unlawful discriminatory practice for prospective employers to
make certain inquiries relating to criminal convictions


 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 23-A and do not automatically disqualify applicants based only
on a criminal conviction.

 LEGISLATIVE HISTORY :
Similar legislation, A5330, was referred to Assembly Corrections in
2008/2009

 FISCAL IMPLICATIONS :
Successful re-entry and re-integration of formerly incarcerated
individuals will increase state revenues through the inclusion of
thousands of ablebodied, '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.

2009-S4368 - Bill Text download pdf

co-Sponsors

2009-S4368A - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Laws Affected:: Amd §§750 & 752, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S969
2013-2014: S3357
2015-2016: S2096
2017-2018: S3351
2019-2020: S2196
2021-2022: S3361
2023-2024: S1278

2009-S4368A - Summary

2009-S4368A - Sponsor Memo

                                 BILL NUMBER:  S4368A               REVISED 04/29/09

 TITLE OF BILL :
An act to amend the correction law, in relation to establishing that
it is an unlawful discriminatory practice for prospective employers to
make certain inquiries relating to criminal convictions


 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 23-A and do not automatically disqualify applicants based only
on a criminal conviction.

 LEGISLATIVE HISTORY :
Similar legislation, A5330, was referred to Assembly Corrections in
2008/2009

 FISCAL IMPLICATIONS :
Successful re-entry and re-integration of formerly incarcerated
individuals will increase state revenues through the inclusion of
thousands of ablebodied, '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.

2009-S4368A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4368--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Crime  Victims,
  Crime  and  Correction  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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 ASSEM-
BLY, 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  AN  IMMEDIATE  AND
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 respon-
sibilities necessarily related to the license, opportunity,  or  job  in
question  AND SUCH CONNECTION WOULD CREATE AN UNREASONABLE RISK TO PROP-
ERTY 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.
  S  2.  Section 752 of the correction law, as amended by chapter 284 of
the laws of 2007, is amended to read as follows:
  S 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  individ-
ual,  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.
                                                           LBD10994-02-9

S. 4368--A                          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 SUBDI-
VISION 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].
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

co-Sponsors

2009-S4368B (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Laws Affected:: Amd §§750 & 752, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S969
2013-2014: S3357
2015-2016: S2096
2017-2018: S3351
2019-2020: S2196
2021-2022: S3361
2023-2024: S1278

2009-S4368B (ACTIVE) - Summary

2009-S4368B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4368B

 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 23-A and do not automatically disqualify applicants based only
on a criminal conviction.

 LEGISLATIVE HISTORY :
Similar legislation, A.5330, was referred to Assembly Corrections in
2008/2009

 FISCAL IMPLICATIONS :
Successful re-entry and re-integration of formerly incarcerated
individuals will increase state revenues through the inclusion of
thousands of ablebodied, '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.

2009-S4368B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4368--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced by Sens. HASSELL-THOMPSON, DIAZ, MONSERRATE -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Crime Victims, Crime and  Correction  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to  the  Committee  on  Crime  Victims,  Crime  and
  Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 ASSEM-
BLY, 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 EMPLOY-
MENT OF SUCH PERSON.
  S 2.  Section 752 of the correction law, as amended by chapter 284  of
the laws of 2007, is amended to read as follows:
  S  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 individ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10994-05-0

S. 4368--B                          2

ual, 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
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 SUBDI-
VISION 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].
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4368

Share this bill

Sponsored By

Ruth Hassell-Thompson

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

2009-S4368 - Details

2009-S4368 - Summary

2009-S4368 - Sponsor Memo

2009-S4368 - Bill Text download pdf

co-Sponsors

Ruben Diaz

Hiram Monserrate

2009-S4368A - Details

2009-S4368A - Summary

2009-S4368A - Sponsor Memo

2009-S4368A - Bill Text download pdf

co-Sponsors

Ruben Diaz

2009-S4368B (ACTIVE) - Details

2009-S4368B (ACTIVE) - Summary

2009-S4368B (ACTIVE) - Sponsor Memo

2009-S4368B (ACTIVE) - Bill Text download pdf

Comments