S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8493
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced  by  M.  of  A.  LENTOL,  WALLACE, RAMOS, SKARTADOS, BARRETT,
   SKOUFIS,  STIRPE,  HUNTER,  JONES,  JENNE,   SANTABARBARA,   PICHARDO,
   JEAN-PIERRE,  WOERNER, HARRIS, PELLEGRINO -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the vehicle and traffic law and the correction  law,  in
   relation  to  criminal history of transportation network company driv-
   ers; and to amend the criminal procedure law, in relation to  juvenile
   justice
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 1 of section 1696 of the vehi-
 cle and traffic law, as added by section 2 of part AAA of chapter 59  of
 the laws of 2017, is amended to read as follows:
   (b) The TNC shall not permit an applicant where such applicant:
   (i)  fails  to  meet  all  qualifications  pursuant to section sixteen
 hundred ninety-nine of this article;
   (ii) is a match in the United States Department  of  Justice  National
 Sex Offender Public Website;
   (iii) IS LISTED ON THE SEX OFFENDER REGISTRY PURSUANT TO ARTICLE SIX-C
 OF THE CORRECTION LAW;
   (IV) does not possess a valid New York driver's license;
   [(iv)]  (V) does not possess proof of registration for the motor vehi-
 cles used to provide TNC prearranged trips;
   [(v)] (VI) does not possess proof of  automobile  liability  insurance
 for  the  motor  vehicles used to provide TNC prearranged trips as a TNC
 vehicle; or
   [(vi)] (VII) is not at least nineteen years of age.
   § 2. Paragraph (b) 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, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13256-01-7
              

 A. 8493                             2
 
   (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
 correction  law,]  a felony offense defined in article one hundred twen-
 ty-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  calcu-
 lating 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)  IS  REQUIRED  TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE
 SIX-C OF THE CORRECTION LAW.
   § 3. Section 168-p of the correction law is amended by  adding  a  new
 subdivision 2-b to read as follows:
   2-B.  THE  DIVISION SHALL MAINTAIN A PROGRAM ALLOWING A TRANSPORTATION
 NETWORK COMPANY (TNC), AS DEFINED IN SECTION ONE  THOUSAND  SIX  HUNDRED
 NINETY-ONE  OF  THE  VEHICLE  AND  TRAFFIC LAW, TO ELECTRONICALLY SUBMIT
 MULTIPLE NAMES, AND OTHER NECESSARY IDENTIFYING INFORMATION AS  REQUIRED
 BY  THE DIVISION AND IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION,
 OF APPLICANTS APPLYING TO BE TNC DRIVERS FOR THE PURPOSE OF  DETERMINING
 WHETHER SUCH APPLICANTS ARE LISTED ON THE SEX OFFENDER REGISTRY PURSUANT
 TO  THIS  ARTICLE.  THE DIVISION SHALL RESPOND TO SUCH INQUIRY ELECTRON-
 ICALLY, WITHIN FOUR BUSINESS DAYS, AND  NOTIFY  SUCH  TNC  OF  ANY  SUCH
 APPLICANT  WHO IS LISTED ON THE REGISTRY PURSUANT TO THIS ARTICLE. A TNC
 SHALL PRE-REGISTER WITH THE DIVISION BEFORE THE ELECTRONIC SUBMISSION OF
 NAMES AND SHALL AGREE IN WRITING THAT  INFORMATION  OBTAINED  BY  A  TNC
 PURSUANT  TO THIS SUBDIVISION BE USED ONLY FOR THE PURPOSES OF DETERMIN-
 ING ELIGIBILITY OF AN APPLICANT FOR A TNC PERMIT, PURSUANT  TO  SECTIONS
 ONE  THOUSAND  SIX HUNDRED NINETY-SIX AND ONE THOUSAND SIX HUNDRED NINE-
 TY-NINE OF THE VEHICLE AND TRAFFIC LAW, BY DESIGNATED EMPLOYEES OF  SUCH
 TNC  AND  THAT  SUCH  INFORMATION  SHALL NOT BE DISTRIBUTED OR DISCLOSED
 EXCEPT AS SPECIFICALLY AUTHORIZED BY LAW.
   § 4. Paragraph (a) of subdivision 2 of section 160.59 of the  criminal
 procedure  law,  as added by section 48 of part WWW of chapter 59 of the
 laws of 2017, is amended to read as follows:

 A. 8493                             3
 
   (a) A defendant who has been convicted of up to two eligible  offenses
 but  not more than one felony offense may apply to the court in which he
 or she was convicted of the most serious offense to have such conviction
 OR CONVICTIONS sealed. If all offenses are offenses with the same  clas-
 sification,  the  application  shall  be  made to the court in which the
 defendant was last convicted.
   § 5. Subdivision 11 of section 160.59 of the criminal  procedure  law,
 as added by section 48 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   11.  No  defendant shall be required or permitted to waive eligibility
 for sealing pursuant to this section  as  part  of  a  plea  of  guilty,
 sentence  or  any  agreement  related  to  a  conviction for an eligible
 offense and any such waiver shall be deemed void and  wholly  [enforcea-
 ble] UNENFORCEABLE.
   §  6.  This  act shall take effect immediately; provided, however that
 sections one and two of 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; provided further that sections four and five of this
 act shall take effect on the same date and in the same manner as section
 48 of part WWW of chapter 59 of the laws of 2017, takes effect.