S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1270
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of A. ROZIC, BARRON, BLAKE, COOK, GOTTFRIED, HOOPER,
   JAFFEE, MOSLEY, O'DONNELL, OTIS, PERRY, PICHARDO, SEPULVEDA, WALKER --
   Multi-Sponsored by -- M. of A. DAVILA, GLICK, PEOPLES-STOKES  --  read
   once and referred to the Committee on Correction
 
 AN  ACT to amend the executive law and the education law, in relation to
   prohibiting mandatory disclosure  of  a  criminal  history  record  in
   certain circumstances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 15 of section 296  of  the  executive  law,  as
 amended  by  chapter  534  of  the  laws  of 2008, is amended to read as
 follows:
   15. It shall be an unlawful discriminatory practice  for  any  person,
 agency,  bureau, corporation or association, including the state and any
 political subdivision thereof, to deny any license or employment to  any
 individual  by reason of his or her having been convicted of one or more
 criminal offenses, or by reason of a finding of a lack  of  "good  moral
 character"  which  is based upon his or her having been convicted of one
 or more criminal offenses, when such  denial  is  in  violation  of  the
 provisions  of  article  twenty-three-A  of the correction law. Further,
 there shall be a rebuttable  presumption  in  favor  of  excluding  from
 evidence  the prior incarceration or conviction of any person, in a case
 alleging that the employer has been negligent in hiring or retaining  an
 applicant  or employee, or supervising a hiring manager, if after learn-
 ing about an applicant or employee's past criminal  conviction  history,
 such  employer  has  evaluated  the  factors  set forth in section seven
 hundred fifty-two of the correction law, and  made  a  reasonable,  good
 faith  determination  that  such  factors  militate  in favor of hire or
 retention of that applicant or  employee.  NO  PERSON,  AGENCY,  BUREAU,
 CORPORATION,  ASSOCIATION, THE STATE OR ANY POLITICAL SUBDIVISION THERE-
 OF, SHALL REQUIRE AN INDIVIDUAL TO PROVIDE A COPY OF HIS OR HER CRIMINAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00412-01-7

 A. 1270                             2
 
 HISTORY RECORD THAT HE OR SHE OBTAINED PURSUANT TO THE RULES  AND  REGU-
 LATIONS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   §  2.  Subdivision 3 of section 313 of the education law is amended by
 adding a new paragraph (f) to read as follows:
   (F) NO EDUCATIONAL INSTITUTION SHALL REQUIRE AN INDIVIDUAL TO  PROVIDE
 A  COPY  OF  HIS  OR HER CRIMINAL HISTORY RECORD THAT HE OR SHE OBTAINED
 PURSUANT TO THE RULES  AND  REGULATIONS  OF  THE  DIVISION  OF  CRIMINAL
 JUSTICE SERVICES.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.