NY State Senate Bill 2017-S3351

Senate Bill S3351

2017-2018 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

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to crime victims, crime and correction
Jan 20, 2017	referred to crime victims, crime and correction

co-Sponsors

2017-S3351 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§750 & 752, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4368
2011-2012: S969
2013-2014: S3357
2015-2016: S2096
2019-2020: S2196
2021-2022: S3361
2023-2024: S1278

2017-S3351 (ACTIVE) - 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.

2017-S3351 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3351

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

 LEGISLATIVE HISTORY :

2009-10: S.4368-B/A.8065-A (Aubry)- Referred to Crime Victims, Crime
and Correction
2011-12: S.969/A.5357 (Aubry) - Committed to Rules
2013-14: S.3357/A.4887 - (Sepulveda) - Referred to Crime Victims,
Crime and Correction
2015-16: S.2096/A.2734 (Sepulveda) - Referred to Crime Victims, Crime
and Correction

 FISCAL IMPLICATIONS :

Successful re-entry and re-integration of formerly incarcerated
individuals 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.

2017-S3351 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3351
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  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.
   §  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  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.
                                                            LBD07466-01-7

 S. 3351                             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].
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S3351

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Sponsored By

Jamaal T. Bailey