S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5279
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced  by M. of A. ROZIC, BARRON, BICHOTTE, BLAKE, COOK, GOTTFRIED,
   JAFFEE, MOSLEY, O'DONNELL, OTIS, PERRY,  PICHARDO,  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.
              

                                                            LBD00979-01-9

 A. 5279                             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.